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HomeMy WebLinkAboutCC Min 1985-01-28 1-28-85 Seal Beach, California January 28, 1985 I The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor Brownell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brownell Councilmembers Clift, Grgas, Risner, Wilson Absent: None Also present: Mr. Joseph, Assistant 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 Wilson moved, second by Grgas, 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 is made at that time for the reading of such ordinance or resolution. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I PROCLAMATIONS Mayor Brownell declared the month of February, 1985 as "Selective Service Registration Awareness Month." Mayor Brownell declared the month of February, 1985 as "Children's Dental Health Month." I PUBLIC HEARING - AMENDING THE POSITION CLASSIFICATION PLAN - SENIOR ACCOUNT CLERK Mayor Brownell declared the public hearing open to consider amending the position Classification Plan, revising the position classification of Senior Account Clerk. The City Clerk certified that notice of public hearing had been published as required by law and that no communications had been received either for or against this item. The Assistant City Manager presented the staff report and recommendations of the Civil Service Board. The Assistant City Manager reported that the Senior Account Clerk classification will accurately reflect the duties the employee will be performing, and is presently performing under the classification of Account Clerk, the subject employee to be reclassified as Senior Account Clerk. Mr. Joseph explained that the salary range of the Senior Account Clerk is approximately six percent higher than the Account Clerk. There were no communications from the audience; Mayor Brownell declared the pUblic hearing closed. RESOLUTION NUMBER 3443 - AMENDING POSITION CLASSIFICATION PLAN - SENIOR ACCOUNT CLERK ResolutIon Number 3443 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING THE POSITION CLASSIFICATION PLAN MODIFYING THE POSITION CLASSIFICATION OF SENIOR ACCOUNT CLERK." By unanimous consent, full reading of Resolution 1-28-85 Number 3443 was waived. Clift moved, second by Risner, to adopt Resolution Number 3443 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3444 - ESTABLISHING SALARY RANGE - SENIOR ACCOUNT CLERK I Resolution Number 3444 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING A SALARY RANGE FOR THE POSITION OF SENIOR ACCOUNT CLERK." By unanimous consent, full reading of Resolution Number 3444 was waived. Risner moved, second by Wilson, to adopt Resolution Number 3444 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PUBLIC HEARING - PROPOSED ORDINANCE NUMBER 1175 - EXTENDING MORATORIUM - STATE LANDS PROPERTY - FIRST STREET and PACIFIC COAST HIGHWAY The City Attorney recommended that the Council take two actions at this meeting, open and conduct the public hearing and receive the report prepared by the Director of Development Services dated January 24th which has been submitted to the City Council. Mr. Stepanicich explained that there is a recent amendment to State law relating to moratoriums that requires a report to be prepared ten days prior to the extension of the moratorium, therefore recommended that consideration of the Ordinance be postponed until the Council meeting of February 5th which would provide the ten day requirement in accordance with State law. I Mayor Brownell declared the public hearing open to consider an extension of the moratorium on certain land use approvals and permits regarding the State Lands parcel located on Pacific Coast Highway and First Street. The city Clerk certified that notice of public hearing had been published as required by law and that no communications have been received either for or against this matter. There were no communications from the audience; Mayor Brownell declared the public hearing closed. Risner moved, report issued moratorium. second by Clift, to receive and file the January 24, 1985 regarding the subject AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1174 - SUBDIVISION MAPS - TIME EXTENSION Ordinance Number 1174 was presented for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 21 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO SUBDIVISIONS." By unanimous consent, full reading of Ordinance Number 1174 was waived. Risner moved, second by Clift, to adopt Ordinance Number 1174 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3445 - SUPPORTING ORANGE COUNTY PERFORMING ARTS CENTER "AREA CAMPAIGN" Resolution Number 3445 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SUPPORTING THE ORANGE COUNTY PERFORMING ARTS CENTER "AREA CAMPAIGN." By unanimous consent, full reading 1-28-85 of Resolution Number 3445 was waived. Risner moved, second by Wilson, to adopt Resolution Number 3445 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3446 - HONORING RUSSELL PHILLIP WOLF - EAGLE SCOUT AWARD Resolution Number 3446 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING RUSSELL PHILLIP WOLF FOR ACHIEVING THE BOY SCOUT OF AMERICA EAGLE AWARD." By unanimous consent, full reading of Resolution Number 3446 was waived. Wilson moved, second by Clift, to adopt Resolution Number 3446 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3447 - DESTRUCTION OF RECORDS - POLICE DEPARTMENT Resolution Number 3447 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE RECORDS." By unanimous consent, full reading of Resolution Number 3447 was waived. Clift moved, second by Wilson, to adopt Resolution Number 3447 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3448 - A.H.F.P. - REQUESTING FUNDING - IMPROVEMENT OF WESTMINSTER BOULEVARD . Resolution Number 3448 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF WESTMINSTER BOULEVARD." By unanimous consent, full reading of Resolution Number 3448. The City Engineer reported that $60,000 A.H.F.P. funds are requested, to be matched by City funds, for improvements to Westminster Boulevard from the railroad crossing east of Kitts Highway to Road C (west of Seal Beach Boulevard). Clift moved, second by Risner, to adopt Resolution Number 3448 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1176 - REGULATING FORTUNE TELLING Ordinance Number 1176 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING FORTUNE TELLING AND AMENDING THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1176 was waived. The Assistant City Manager pointed out that the City presently has an ordinance prohibiting fortune telling, however due to a recent Federal court decision the City Attorney has recommended that the City permit, but strongly regulate fortune telling businesses. He reported that forty cities responded to a survey of seventy cities that permit fortune telling, reporting no prOblems associated with this type of business operation. Mr. Joseph stated that the staff would recommend $250 as the yearly business license fee, to be inserted in Section 11-64 of the proposed Ordinance, and confirmed that a $10,000 bond is also required. The City Attorney responded that the cost of the required bond would depend upon the 1-28-85 assets and security of the applicant. Councilman Grgas asked if the City Attorney's recommendation was predicated on the outcome of the Azusa case. Mr. Stepanicich responded that the Supreme Court case is still pending, however there has been a recent trial court decision at the Federal level in Los Angeles, which also covers Orange County, that was adverse to a city in Los Angeles County that had prohibited fortune telling while awaiting the outcome of the Azusa I case. He stated that based upon that decision, it is now recommended that the City adopt the proposed ordinance which could be amended or repealed once the Supreme Court provides further guidelines. with regard .to whether or not a Conditional Use Permit should also be required or if there are court decisions on such a requirement, Mr. Stepanicich stated there is no decision that he is aware of that addresses whether or not a CUP can be required for this type of business. Citing the fact that the problem with a CUP is that it deals with land use, where fortune telling is considered a business activity, Mr. Stepanicich stated it may be difficult to deem fortune telling as being different from any other business that does not require a CUP. He pointed to the need for equality of businesses, which is where the Appellate Court found the Azusa ordinance to be invalid because it was determined to discriminate against this type of business. Counci1member Risner spoke for higher fees, a CUP, or type of investigative fee, or for postponing action on this matter until the Supreme Court decision is known. In response to Mr. Clift, the City Attorney reported he has not seen the ordinance being drafted by Newport Beach, that the ordinance before this Council is modeled after that of the City of Torrance. Mr. Stepanicich explained that when this issue first came up he did not make specific recommendations to the Council, I however in light of the recent Federal case, he advised that he felt there may be some pressure and possible litigation being brought forth both in Los Angeles and Orange Counties, therefore for that reason he would recommend adoption of the ordinance at this time. Mr. Grgas inquired as to whether or not an applicant would have to meet and abide by the design standards that the Revitalization Plan is calling for if such a business were to locate in the downtown area without going through the Planning Commission process. The City Attorney responded that the control would lie with the owner of the building in which the business is located, however acknowledged that if there is an existing building and a fortune telling business wishes to locate there, and there is no requirement for zoning approval, there would be no basis to require changes to the existing building, such as to architectural style, etc. A member of the audience inquired if a fortune telling application has been filed with the City, reporting that an individual has been working on the building located at 142 M~in Street, supposedly with the intent of opening a fortune telling business. Mr. Stepanicich reported that there has been interest shown by a proposed applicant, however no application has been submitted since the City's ordinance presently prohibits this business activity. I Discussion of fees continued, with the City Attorney explaining the $250 was determined to be consistent with the fee for a Conditional Use Permit or Variance where there is some review process, acknowledging that this business may require more investigative review and police services, however recommended that any fee imposed should be sustainable in a court. He verified that $500 is in the range of what cities are requiring as a fee, however would not recommend anything as high as $1000, also 1-28-85 I acknowledged that a greater first year fee would seem to be justified. Staff concurred with a larger first year fee since this type of application has never been processed before. Discussion of fees and zoning restrictions continued. The City Attorney again recommended against a CUP process, citing the fact that denial of an application would be very limited as to grounds. Mr. Stepanicich acknowledged that should the Supreme Court determine that fortune telling is an activity that a city can prohibit, the ordinance could then be repealed. He stated that the question would then be what would be the effect on any permit that had been issued, and without giving a legal opinion at this time, it would seem to be advisable to allow the permit to be in effect for the one year period, and if the ordinance were revoked, there would then be no requirement to renew the permit. With regard to holding this matter over for another thirty days, the City Attorney confirmed that the Council could do that, however cautioned that there would be some risk that a legal challenge could be brought forth, also noting that the ordinance would not gO into effect for forty-five days if the Council chose to approve first reading. Clift moved, second by Wilson, to approve first reading of Ordinance Number 1176 as amended to read "...sha11 pay the sum of $750 for the first year of operation and $500 per year thereafter." AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3449 - APPROVING FINAL PARCEL MAP NO. 84-1003 - 205 - 10th STREET - NEIL WARD/DICK MC COLLOM Resolution Number 3449 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING FINAL PARCEL MAP NO. 84-1003." By unanimous consent, full reading of Resolution Number 3449 was waived. Grgas moved, second by Clift, to adopt Resolution Number 3449 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS "M" THROUGH "R" Councilmember Risner requested Item "P" removed from the Consent Calendar, and the City Clerk requested Item "0" removed. Wilson moved, second by Grgas, to approve the recommended action for items on the Consent Calendar, except Items "0 and P", as presented. M. Approved regular demands numbered 54913 through 55072 in the amount of $628,205.27, and payroll demands numbered 11978 through 12112 in the amount of $105,269.11 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for the same. I N. Denied the claim of John Bakos through his estate and attorneys, and referred same to the City's insurance adjuster. Q. Declared surplus a 1972 Jeep and authorized its disposal through the competitive bid process. R. Approved Change Orders numbered 3 through 14 for the pier Reconstruction Project and increased said construction contract by $29,239.98. AYES: Brownell, Clift, Grgas, Risner, Wilson NOES: None Motion carried 1-28-85 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "0" - APPLICATION TO PRESENT LATE CLAIM - CYNTHIA JO VARGAS The City Clerk recommended that the action be to deny the application for leave to present a late claim. Risner moved, second by Clift, to deny the application for leave to present late claim on behalf of Cynthia Jo Vargas. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEM "P" - SECRETARY POSITION - RECREATION DEPARTMENT The Assistant City Manager explained that one secretarial position is proposed to be established to provide secretarial assistance to the Development Services Department which will, in turn, permit the existing Secretary to return to the previous assignment in the Recreation Department. In response to Council, Mr. Joseph stated that a part-time, twenty hour per week, position will not fulfill the need, additionally the replacement of the Recreation Department Secretary will accomplish many of the tasks that have been abandoned since the personnel layoffs in 1982. Risner moved, second by Clift, to authorize the establishment of the additional Secretarial position in the Recreation Department and allocate $7,200 from the una110cated General Fund balance for this position. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORAL COMMUNICATIONS Mayor Brownell declared oral communications open. Councilman Grgas referred to a mailer sent to the voters of the Hill and District One with regards to Proposition A. He stated he must take offense to such literature, first of all for the reason that persons are given the impression that it represents City of Seal Beach letterhead and appears to be official in nature. He stated that if a member of the Council, or anyone, whether they be for or against proposition A, decided to distribute this type of literature, it should be made as clear as possible that this had nothing to do with an official letter from the City of Seal Beach, making reference to the bold type heading of "City Council Chambers, City of Seal Beach" and in very light print "Not printed at public expense." He expressed his feeling that even if the literature were not a violation of the law, it would not appear to be desirable from an ethical standpoint. Councilmember Risner stated she was also concerned about the literature because her name was on the letter, as well as that of Mayor Brownell and Edna Wilson, explaining that this was prepared by a professional campaign firm, that she and the other two members of the Council had approved the contents of the letter but had no knowledge that it was going out with that type of heading on the envelope or that it would say "City 'Council Chambers." She noted that since it was prepared by a professional campaign firm she felt certain it was within the law. Mr. Grgas expressed his feeling that this type of activity hurts the political process and the City's credibility, indicated his desire to forward the literature to the FPPC and encourage that the law be changed to regulate this type of literature in the future, and requested the City Attorney comment on this matter. Mr. Stepanicich reported that there are extensive regulations dealing with campaign literature and activities, and offered to investigate whether I I I 1-28-85 I or not the format used by the consultant violates the Fair Political Practices Act regulations as presently enacted. He explained that there are various ways to pursue any irregularity, to refer it to the City Attorney, the District Attorney, or to the State Commission. Mrs. Risner inquired if campaign literature that is not factual would also fall under the Political Reform Act. The City Attorney added that the California Elections Code also has regulations dealing with campaign activities, which could be researched to determine if there are violations. Councilman Grgas stated he wished to see this matter addressed. Councilmember Risner stated for the record that this was not an official City letterhead. It was suggested by Councilman Clift that the members of the Council who placed their names on this literature should have reviewed its final format before it was distributed. Counci1member Risner expressed appreciation to the Assistant City Manager for his efforts toward the Grand Reopening of the pier, and requested a resolution of appreciation be prepared for James Klisanin, Chairman of the event. Mrs. Risner inquired as to the completion date of the First Street median and the status of Marina Park improvements. The Director of Public Works responded that the First Street median is in the construction phase, that he was unsure of the completion date, and with regard to Marina Park, the last communication with the attorney representing the bonding company indicated that they have two persons to do the work, that discussions are taking place with the Landscape Supervisor as to how the soils are to be treated in relationship to the type of grass they want to plant, etc. Mr. Jim Gilkerson, 1011 Electric Avenue, read a statement expressing his concern "about the number of and results from consultants being engaged by the City", the need and the cost thereof, and requested Council direct the staff to prepare a report listing each consultant, the cost, and the product received over the past two years, and that it be placed in the Council agenda. Members of the Council indicated they felt Mr. Gilkerson's request was reasonable; Mrs. Risner asked that the report reflect the last three budget years; Mr. Grgas requested that the report also include the estimated savings that have been realized by retaining consultants rather than hiring additional City personnel. Mrs. Risner indicated she felt the optimum would be to have the staff do the work, since they are knowledgable of the community, which she conceded has not always been possible in the past due to lack of personnel, and agreed with Mr. Gilkerson that it is often easier to place a blame on a consultant's recommendation. Councilman Grgas stated he did not disagree that the public should be aware of what money is being spent for, objected to the comment about placing blame on a consultant's recommendation, objected to the alleged consultant fees of $120 per hour, noted that a consultant is retained because of his expertise in a particular field, inquired as to Mr. Gilkerson's intent, and stated that the Council is charged with the responsibility of approving any contract over $5000, and only after careful review and analysis. Mayor Brownell stated that the request would be referred to the staff for a report. There being no other oral communications; Mayor Brownell declared oral communications closed. I I CLOSED SESSION It was the consensus of the Council cancel the Closed Session. Mayor Brownell announced he was appointing a committee of Councilmembers Risner and Clift to discuss certain 1-28-85 / 2-5-85 personnel proposals for later discussion in Closed Session. Councilman Grgas stated he would like to be on this committee; Councilman Clift deferred his appointment to Mr. Grgas. Grgas moved, second by Clift, that the committee consist of Counci1members Risner and Grgas. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ADJOURNMENT Grgas moved, second by Wilson, to adjourn to Tuesday, February 5, 1985 at 7:00 p.m. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried The meeting adjourned at 8:18 p.m. Q the Approved: 9~-~~ May r r) "'..__...__... .4~ Attest: I Seal Beach, California February 5, 1985 The City Council of the City of Seal Beach met in regular adjourned session at 7:00 o'clock p.m. with Mayor Brownell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Brownell Counci1members Clift, Risner, Wilson Absent: Counci1member Grgas Mr. Grgas arrived at 7:07 p.m. Also present: Mr. Parker, City Manager I Mr. Stepanicich, City Attorney Mr. Baucke, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Wilson moved, second by Risner, 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