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HomeMy WebLinkAboutCC Min 1985-07-22 7-22-85 Seal Beach, California July 22, 1985 The city Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Risner calling the meeting to order with the Salute to the Flag. I ROLL CALL present: Mayor Risner Counci1members Brownell, Clift, Grgas, wilson Absent: None Also present: Mr. parker, City Manager Mr. Stepanicich, City Attorney Mr. Baucke, Director of Development Services Mr. Hemphill, Director of public Works/ City Engineer Mrs. Yeo, City Clerk WAIVER OF FULL READING Grgas moved, second by Wilson, 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 counci1members after reading of the title unless specific request j'~ ~age at that time for the reading of such ordinance or resolution. I AYES: NOES: ~ . Brownell, Clift, Grgas, Risner, Wilson None Motion carried Mayor Risner reported that a resident of the community had requested to make a statement at this time regarding a member of the community who recently passed away. Mr. Steve Friedman, 142 Main street, read a tribute to the memory of Brian Sweeney. By order of the Chair, with consent of the Council, the meeting adjourned at 7:10 p.m.; the Council reconvened at 7:15 p.m. with Mayor Risner calling the meeting to order. I APPEAL - DENIAL OF BUSINESS LICENSE The City Manager reported an appeal has been filed by Jerri Cocks to the denial of a license under the recently adopted ordinance governing massage establishments and technicians. Mr. parker explained that the Ordinance requires one thousand hours of education in the field, and allows one year for compliance to all regulations by massage parlors and thirty days for compliance by massage technicians. He noted that Ms. Cocks has requested reconsideration of her application for license under Chapter 12, Section 2(f), relating to trainers of athletes. Ms. Jerri cocks, 1419 Hardwick Street, Long Beach, massagist at the California Girls Gym, 311 Main Street, addressed the Council and stated the memorandum from the police Chief erroneously reported her education at less than one hundred hours, where, in fact, she has nearly four hundred accredited hours of training. Ms. Cocks reported she received her primary training from the Academy of Health Sciences in Garden Grove, has since taken various additional courses to improve her knowledge of massage, that she has worked at the California Girls Gym since 1980 with no known problems or complaints, and noted her clientele of varied professions. In response to Council, MS. Cocks reported her accredited hours are 7-22-85 approximately three hundred fifty-four, and stated it would be a determination of the Council whether or not her work experience would be taken into consideration. She added that her current employment is her only source of income, also that one thousand hours of education would qualify her as a massage therapist, rather than her present qualification as a technician. The City Manager explained that at the time the ordinance was adopted it was unknown what effect the regulations would have on persons presently working in this field in the city, and suggested alternatives for Council consideration: 1) exempt the appellant pursuant to the "athletic" provision of the ordinance as requested; 2) consider reducing the educational requirement; or 3) grandfather the appellant for a period of three years during which she could attain the one thousand hour education requirement of the ordinance. Bobbi Haas, 20l - 7th Street, spoke favorably of her experiences at the California Gym, the benefit to her of their massage service, and offered her support of Ms. Cocks appeal. Discussion continued, with the City Attorney suggesting the Council may wish to consider grandfathering the applicant for a period of three years, and subsequently review the educational requirements of the massage ordinance. staff verified that Ms. Cocks would be required to obtain a massage technician license from the Police Department. Brownell moved, second by Wilson, to allow the appellant to continue her occupation at the California Girls Gym under a grandfather provision for a period of three years, and that the educational requirements be further reviewed, taking into consideration the difference between a massage therapist and a massage technician. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PUBLIC HEARING - ZONING TEXT AMENDMENT 2-84 - ADDITIONS/ MODIFICATIONS TO NON-CONFORMING RESIDENTIAL PROPERTIES upon the recommendation of the City Attorney, Mayor Risner declared the public hearing open to consider ZTA-2-84. Clift moved, second by Wilson, to continue the pUblic hearing until Monday, August 12, 1985. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PUBLIC HEARING - ZONING TEXT AMENDMENT 4-85 - SPECIFIC PLANS - REGULATION ZONE/PROCEDURES pursuant to the recommendation of the City Manager, Wilson moved, second by Clift, to postpone the pUblic hearing on ZTA-4-85, to be renoticed for a future meeting. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I I PUBLIC HEARING - ZONING TEXT AMENDMENT 3-85 - FENCES/WALLS/ HEDGES/SCREEN PLANTINGS Mayor Risner declared the public hearing open to consider zoning Text Amendment 3-85, specific standards, criteria I and regulations on the placement and installation of fences and walls. The City Clerk certified that notice of public hearing was advertised as required by law and reported no communications had been received either for or against this item. The Director of Development Services presented the staff report, reviewed the background of existing fence and wall regulations, and the action of the Planning Commission. Mr. Baucke explained that Exhibit "B" to the 7-22-85 I staff report, the original proposal presented to the Planning Commission for consideration, provided that whenever a lot has a larger front yard setback than the front yard setback of an adjoining lot, a wall, fence, hedge or screen planting up to six feet high could be located in the front yard setback of the subject property to the extent that it matches the setback of the adjoining lot, and that Exhibit "c" diagrams the revised, approved provisions as a result of the Commission's hearing, allowing six foot high walls, fences, hedges or screen p1antings' to extend past the front setback when the front yard setback is greater than fifteen feet, but in no case allowed to be closer than fifteen feet from the front property line. Mayor Risner 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. Mr. Dan Shoden, 409 Beryl Cove Way, spoke in support of the original proposal presented to the Planning Commission, as set forth in Exhibit "B" of the staff report, and provided Council with pictures of a wall on his property that will be affected by the regulations under consideration. There were no other communications; Mayor Risner declared the public hearing closed. I Mayor Risner stated she favored the regulations originally proposed, as outlined in the staff memorandum of April 26th and diagramed on Exhibit "B", with no referance to specific footage, and proposed that language be added that would address safety and asthetic concerns. In response to Council, Mr. Baucke explained that in situations where there are uneven setbacks, fence placement would be determined by the adjacent property with the greatest setback, he also reviewed the manner of determining fence placement on corner lots. with regard to existing illegal fences, Mr. Baucke stated that if the new fence provisions are approved, the affected property owners will be notified of the changed legal status of their fence or wall, and noted they will be required to obtain a building permit. Discussion continued. Mrs. Risner moved that whenever a lot has a larger front yard setback than both adjoining lots, a wall, fence, hedge or screen planting may be located in the front yard setback to the extent that it matches the setback of the adjoining lot, provided it is asthetically compatible with the structure as determined by the Director of Development Services and determined to be safe from a traffic standpoint by the City Engineer, and that the City Attorney be directed to prepare precise language of the ordinance prior to submittal to the Planning Commission for review and report. Councilman Clift seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1195 - ZONING TEXT AMENDMENT 5-85 - APPEALS - VARIANCES/CONDITIONAL USE PERMITS Mayor Risner declared the public hearing open to consider zoning Text Amendment 5-85, relating to appeal procedures of variances and conditional use permits. The City Clerk certified that notice of public hearing had been advertised as required by law and reported no communications had been received either for or against this item. The Director of Development Services stated this ordinance is proposed for consideration pursuant to Council direction and recommendation of the City Attorney, and deletes the existing requirement of the Code for referral back to the Planning Commission for a report when a Council action is contrary to a Planning Commission action. Mr. Baucke reported a 7-22-85 policy survey had been conducted of nine other cities, none of which having a referral back provision. There were no communications from the audience; Mayor Risner declared the public hearing closed. ORDINANCE NUMBER 1195 - ZONING TEXT AMENDMENT 5-85 - APPEAL PROCEDURES - VARIANCES/CONDITIONAL USE PERMITS Ordinance Number 1195 was presented to Councl1 for first I reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO CERTAIN ZONING APPEAL PROCEDURES AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA." By unanimous consent, full reading of Ordinance Number 1195 was waived. The Council was provided a memorandum from the City Attorney setting forth language that would also delete the referral back requirement for zone changes and zoning text amendments, if the Council chose to consider doing so. The City Manager recommended that if the Council chooses to delete the referral requirement for zone changes and zoning text amendments, that it be done by a separate ordinance. Grgas moved, second by Risner, to approve first reading of Ordinance Number 1195 and that it be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Discussion continued regarding deletion of the referral requirement for zone changes and zoning text amendments. The City Attorney advised that deletion of the existing requirement would be a policy decision of the Council as a Charter City, explaining that under State law, general law cities are required to only refer back zone changes when there are substantial changes to a Planning Commission action, adding that there is no State law requirement for I referral of variances or CUP's. Discussion indicated Council may wish to consider continuing the referral back procedure for zone changes, delete that requirement for zoning text amendments, and questioned whether this procedure should be looked at as it relates to other zoning matters. The City Attorney suggested that the staff provide alternatives for Council consideration. Brownell moved, second by Wilson, to refer this matter back to the staff and City Attorney for further study and report to the Council. A member of the audience suggested that the Planning Commission be requested to provide additional input. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3499 - COMPLETION - FIRST STREET MEDIAN LANDSCAPING - PROJECT NUMBER 540 Resolution Number 3499 was presented to Council 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 #540, FIRST STREET MEDIAN LANDSCAPING IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN ALLIED SPRINKLER CO., INC., AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3499 was waived. Brownell moved, second by Clift, to adopt Resolution Number 3499 as presented. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Grgas moved, second by Wilson, to direct that the Notice of Acceptance be filed with the Orange County Recorder within ten days from the date of acceptance, and upon 7-22-85 expiration of thirty-five days from filing the Notice of Acceptance, payment be made to Allied Sprinkler Company, Inc., in the amount of $5,870.69. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3500 - COMMENDING JACK and MARJORIE BETTENHAUSEN - SEAL BEACH INN AND GARDENS Resolution Number 3500 was presented to Council and read in full by Mayor Risner entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING DR. JACK AND MARJORIE BETTENHAUSEN FOR THEIR EFFORTS WITH THE SEAL BEACH INN AND GARDENS." Risner moved, second by Clift, to adopt Resolution Number 3500 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Mr. Robert Cook, Central Avenue, stated he, and other neighbors of the Inn, commend the Bettenhausen's for their improvements to the Inn and the neighborhood. Mayor Risner asked that the Resolution be framed for presentation at a future meeting, and reported that she had requested the staff assist the Bettenhausen's in making application to declare the Inn a historical site. I CONSENT CALENDAR - ITEMS "H" THROUGH "N" Mayor Risner requested Item "H" be removed from the Consent Calendar. Brownell moved, second by Clift, to approve the recommended action for items on the Consent Calendar as presented, except Item "H". I. Approved the minutes of the regular adjourned meeting of June 25, 1985. K. Approved the minutes of the regular meeting of July 8, 1985 as presented. Approved regular demands numbered 56957 through 57230 in the amount of $492,417.21, and payroll demands numbered 14054 through l4245 in the amount of $156,327.13 as approved by the Finance Committee and authorized warrants be drawn on the Treasury for the same. J. L. Bids were received until 2:00 p.m., July 9, 1985 at which time they were publicly opened by the City Clerk for project Number 556, Reconstruction of Hazelnut between Heather and Rose, as follows: I R. J. Noble Company, Orange Sully-Miller, Orange Copp Contracting, Whittier Griffith Company, Santa Ana Excel paving Company, Long Beach All American Asphalt, Corona $68,985.60 72,182.00 73,069.00 73,158.00 74,524.00 77,713.00 Awarded the contract for project Number 556 to the low bidder, R. J. Noble Company, in the amount of $68,985.60 and authorized the City Manager to execute the contract on behalf of the City. M. Bids were received until 1:30 p.m., July 11, 1985 at which time they were publicly opened by the City Clerk for project Number 544, Reconstruction/ Overlay of Seal Beach Boulevard, as follows: 7-22-85 Sully-Miller, Orange Blair paving, Anaheim Griffith Company, Santa Ana G. J. Payne Company, Santa Ana R. J. Noble Company, Orange Excel paving Company, Long Beach (NO bid bond submitted) Rejected the bid from Excel paving Company for I lack of a bid bond, and awarded the contract for project Number 544 to the low bidder, Sully-Miller, in the amount of $115,138.90, subject to the approval by the county of Orange, and authorized the city Manager to execute the contract on behalf of the City. $115,138.90 l21,238.25 135,367.85 138,971.80 145,707.95 134,978.55 N. Authorized the staff to advertise for a replacement vehicle for the Engineering staff car in accordance with the current budget. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" - MINUTES - JUNE 24, 1985 The Mayor was provided with a missing page of the June 24th minutes. Risner moved, second by Clift, to approve the minutes of the regular meeting of June 24, 1985 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I AGENDA AMENDED Brownell moved, second by Grgas, to amend the agenda to consider an action relating to B-114 Surfside. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried B-114 SURFS IDE The City Manager reported that contrary to a prior decision, the Surfs ide Board has now agreed to issue a permit allowing the structure at B-1l4 Surfs ide to be moved over their private streets, also that a Coastal commission permit is necessary to move the structure, which could take up to sixty days. Mr. Frank O'Neal, stated he was the party interested in moving the building from B-114, and reported an application has been made to the Coastal Commission for a waiver of their permit, a response to that request expected by Friday of this week. Mr. Joe Rullo, president of the Surfs ide Board of Directors, acknowledged that the Board granted approval to move the building, however would not support a time extension exceeding sixty days. Mr. Rullo agreed to provide the city with a letter confirming the Board's action. Clift moved, second by Brownell, to extend the period for moving the building for sixty days, I and if not completed within that period, the staff be authorized to proceed with demolition of the structure. AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried 7-22-85 APPOINTMENTS - BOARDS and COMMISSIONS Civil Service Board Councilman Grgas requested the District One appointment be held over. I Parks and Recreation Commission Councilman Brownell moved to appoint Mr. Howard Procter to the parks and Recreation Commission representing District Five for the full term expiring July 1988. Councilman Grgas seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Board of Appeals Councilman Grgas requested the District One appointment be held over. APPOINTMENT - ORANGE COUNTY HOUSING AUTHORITY Mayor Risner recommended that Mr. Baucke, Director of Development Services, be appointed as the City's representative to the Orange County Housing Authority, and that Mr. Dana Ogden be appointed as the alternate representative. Grgas moved, second by Brownell, to confirm those appointments. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I CITY COUNCIL ITEMS Councilman Grgas reported that it had recently been brought to his attention that street sweeping violations on Surfside's private streets carry a fine of $27 versus $12 in other areas of the City, and requested the city Attorney and City Manager prepare an amendment to the Code that would establish equitable fines for such violations. Mr. Grgas requested that the staff prepare a resolution honoring Babe Sibon on his retirement, a forty-one year local cobbler. Councilman Grgas read a press release which he reported he had presented at the last Planning Commission meeting, stating his intent to seek Council's support to reverse the decision to hire a Code Enforcement Officer, and recommending that the City continue Code enforcement as it has done in the past. Mayor Risner concurred, suggesting also that the staff be directed to prepare written procedural guidelines, identify Code violation problems, set forth alternatives to resolve violations, prior to actively pursuing a Code Enforcement program, adding, for the record, that the Council and staff are attempting to aid citizens in resolving problems, however citizens should be encouraged to correct violations of the Code. Discussion continued. Clift moved, second by Grgas, to delete the position of Code Enforcement Officer. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I The Mayor requested that the staff prepare policy guidelines for Code enforcement, outlining legal and practical alternatives to resolve violations. The City Manager requested the Council postpone such directive at this time. Mayor Risner referred to the continuing clean-up problem of various sites in the City, particularly the State Lands parcel and the adjacent Haynes Road, which could pose a health hazard. Mrs. Risner stated that in an effort to deter dumping on vacant sites, "no trespassing" signs will 7-22-85 be installed by Hellman on their property along Seal Beach Boulevard and the fence that borders Gum Grove park, that the Public Works Department will place "no vehic1e" signs at the east and west ends of Gum Grove park, that the Edison Company will install "no trespassing" signs on Haynes Road at P.C.H. and that the Haynes Road gate will be locked. Additionally, Mrs. Risner expressed concern with weeds on other parcels of land, specifically the Hellman land, I and requested the city Manager and City Attorney prepare a report setting forth permanent weed abatement procedures. The Council concurred with the Mayor's request. Councilman Clift announced that he had been informed that the Armed Forces Reserve Center Park lease extension will be approved by the Department of Defense, after more than a two year delay, and subsequently the state grant, approximately $98,000, can be obtained to proceed with improvements to the Park area. ORAL COMMUNICATIONS Mayor Risner declared Oral Communications open. Christopher Maier, 1009 Seal way, addressed the Council regarding trash and debris in the City, and reported a sidewalk at 706 Ocean in need of repair, which he stated he previously reported. The city Manager stated the staff had been informed of the sidewalk location. Mr. Maier reported accumulation of garbage and trash on streets and alleys between P.C.H. and Electric, and missing trash can lids. He noted only two additional trash barrels had been placed in the Main/Tenth Street parking lot, one at the First Street lot entrance, none placed on Ocean, complained that the barrels are not clean, and asked that "Please Keep Seal Beach Clean" signs be posted. Mr. Maier also complained about abandoned cars that have not been towed. Mr. Charles Antos, 316 - lOth I street, spoke regarding the Council's action to delete the Code Enforcement Officer, referred to past enforcement procedures, suggesting that the staff should pursue a systematic Code enforcement program. Mayor Risner reported some members of the Council misunderstood the motion regarding the Code Enforcement Officer position, and moved to reconsider the matter. Councilman Brownell seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried CODE ENFORCEMENT OFFICER Brownell moved, second by Risner, to amend the motion to freeze, rather than delete, the position of Code Enforcement Officer. AYES: NOES: Brownell, Clift, Risner Grgas, Wilson Motion carried Brownell moved, second by Risner, to freeze the Code Enforcement Officer position. AYES: NOES: Brownell, Clift, Risner Grgas, Wilson Motion carried I The City Attorney explained the procedure to reconsider an item to Mr. Glenn Dulac, 1019-1/2 Electric Avenue. Mr. Rich Eldridge, 1009 Seal Way, spoke in favor of Council's action to freeze the Code Enforcement Officer position, referred to a letter he recently received citing a Code violation to which City staff could not readily advise him of its nature, suggesting the need for a more specific letter, also that a Code Officer may have been able to 7-22-85 / 8-12-85 I respond to his question without delay. Mr. Charles Antos, 316 - loth street, stated that since leaving City employment he has been contacted on numerous occasions by City staff seeking information regarding past actions, also that he has been blamed for things that were done by others or occurring after his leaving the City, referring specifically to the Rossmoor sign program matter. He stated he has been blamed for doing things illegally, that he wants to be contacted before blame is directed towards him, and should this occur again, he stated he would take legal action. There being no other oral communications, Mayor Risner declared oral communications closed. CLOSED SESSION The City Attorney stated the Council would meet in Closed session pursuant to Government Code Section 54956.9(c). The Council, by unanimous consent, adjourned to Closed Session at 9:45 p.m. The Council reconvened at 1l:00 p.m. with the Mayor calling the meeting to order. The City Attorney reported the Council met in Closed Session to discuss matters pursuant to the Government Code as previously reported. ADJOURNMENT Risner moved, at ll:01 p.m. second by wilson, to adjourn the meeting AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I and ex-offic City Council of the Attest: Approved: Seal Beach, California August 12, 1985 I The City council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Risner calling the meeting to order with the Salute to the Flag. ROLL CALL present: Mayor Risner Councilmembers Brownell, Clift, Grgas, Wilson Absent: None