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HomeMy WebLinkAboutCC Min 1985-02-25 2-11-85 / 2-25-85 CLOSED SESSION The CIty Attorney reported that the Closed Session was being held pursuant to the authority of Government Code Section 54956.9(b), to confer with or receive advice from legal counsel regarding pending litigation as defined in said section. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 8:33 p.m. The Council reconvened at 8:50 p.m. with Mayor Brownell I calling the meeting to order. The City Attorney reported . that the Council had discussed potential litigation pursuant to Government Code Section 54956.9(b) as reported. ADJOURNMENT Wilson moved, second by Clift, to adjourn the meeting at 8:52 p.m. AYES: NOES: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried ,---...., \ ' ZJ); and ex-o CJ.O clerk of the City Council Appro~d' 9 ~ -" .-< tf!:r.. ......, . ~ ~ ('" ;;n C /7 Atte'" ?}-,.J /IJ _ i4 Ci ty C1firk I Seal Beach, California February 25, 1985 The City Council of the City of Seal Beach met in regular 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, Grgas, Risner, Wilson Absent: None Also present: Mr. Parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Hemphill, Director of Public Works/ City Engineer Chief Picascia, Police Department Mr. Thomas, Finance Director Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk I 2-25-85 WAIVER OF FULL READING Rlsner 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 Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried AGENDA AMENDED Risner moved, second by Wilson, to amend the agenda to include a presentation to the City. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried PRESENTATION On behalf of the Save Our pier Group, Mrs. Risner presented a check to the City in the amount of $4,000, designated for clocks on the Lifeguard tower. Mayor Brownell accepted the donation on behalf of the City with appreciation. I RESOLUTION NUMBER 3454 - COMMENDING MERYL GUSTAFSON - RETIREMENT Resolution Number 3454 was presented to Council and read in full by Mayor Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, COMMENDING MERYL R. GUSTAFSON FOR HIS SERVICE TO THE CITY OF SEAL BEACH." Risner moved, second by Grgas, to adopt Resolution Number 3454 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Mayor Brownell presented Resolution Number 3454 to Mr. Gustafson, extending appreciation for his many years of service to the City. RESOLUTION NUMBER 3455 - ADOLFO LOPEZ - 1985 EMPLOYEE OF THE YEAR Resolution Number 3455 was presented to Council and read in full by Mayor Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING ADOLFO LOPEZ AS THE "1985 EMPLOYEE OF THE YEAR." Risner moved, second by Wilson, to adopt Resolution Number 3455 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried Mayor Brownell presented Resolution Number 3455 to Mr. Lopez, and offered congratulations on his selection as "Employee of the Year" on behalf of the Council and community. I RESOLUTION NUMBER 3456 - HONORING CITY OF LOS ALAMITOS - TWENTY-FIFTH ANNIVERSARY Resolution Number 3456 was presented to Council and read in full by Mayor Brownell entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING THE CITY OF LOS ALAMITOS ON THE OCCASION OF THEIR TWENTY-FIFTH SILVER ANNIVERSARY." Clift moved, second by Wilson, to adopt Resolution Number 3456 as presented. 2-25-85 AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1176 - REGULATING FORTUNE TELLING Ordinance Number 1176 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, REGULATING FORTUNE TELLING AND AMENDING THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, I full reading of Ordinance Number 1176 was waived. Discussion followed. Members of the Council expressed their concern with this type of business activity in the City, however noted the need to guard against possible legal challenge of existing fortune telling regulations. In response to Council, the City Attorney explained that a restriction based on the fact that the business may be located within one hundred feet of a liquor store would more than likely be unenforceable. Grgas moved, second by Clift, to adopt Ordinance Number 1176 as presented. Lucille Jones, Seal Beach resident of many years, expressed her support of business tenants during her years as a property owner, spoke highly of the man proposing an astrology business at her property located on Main Street, and stated she has not, as yet, signed the lease of the business location, awaiting the City's decision on this matter. She offered that the property lease could be for a period of one year, coinciding with the City's business permit period. AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried ORDINANCE NUMBER 1178 - GARBAGE and REFUSE - ANTI-SCAVENGING Ordinance Number 1178 was presented to Council for second I reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 10, ARTICLE I OF THE SEAL BEACH MUNICIPAL CODE RELATING TO GARBAGE, TRASH AND WEEDS." By unanimous consent, full reading of Ordinance Number 1178 was waived. Risner moved, second by Wilson, to adopt Ordinance Number 1178 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3457 - DESTRUCTION OF RECORDS - POLICE DEPARTMENT Resolution Number 3457 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 3457 was waived. Clift moved, second by Risner, to adopt Resolution Number 3457 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3458 - AUTHORIZING TEMPORARY CASH TRANSFER Resolution Number 3458 was presented to Council entitled I "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A TEMPORARY CASH TRANSFER FROM THE CASH BASIS FUND TO THE GENERAL FUND." By unanimous consent, full reading of Resolution Number 3458 was waived. The Finance Director reported that the transfer will cover the temporary shortfall of cash in the General Fund due to expenditures exceeding revenues in the first seven months of the fiscal year, due in part to pier reconstruction expenditures, reimbursement of which has not yet been received. Grgas moved, second by Wilson, to adopt Resolution Number 3458 as presented. 2-25-85 AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3459 - ANNUAL INVESTMENT POLICY Resolution Number 3459 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1985." By unanimous consent, full reading of Resolution Number 3459 was waived., The City Treasurer reported that pursuant to State law effective January 1, 1985, a statement of investment policy is now required to be approved by local agencies annually. He stated that the City's policy was last set forth in 1979, and that the proposed Resolution provides a more precise definition of the obligations of the City Treasurer and City Manager relative to investments, and is intended to create additional safety and control over same. In response to Council, Mr. Thomas explained that investment of funds under the TRAN will no longer be the decision of the Treasurer alone, but in conjunction with the City Manager. Risner moved, second by Clift, to adopt Resolution Number 3459 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ORDINANCE NUMBER 1179 - MASSAGE ESTABLISHMENTS and MASSAGE TECHNICIANS Ordinance Number 1179 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REGULATING MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS AND AMENDING THE SEAL BEACH CITY CODE." By unanimous consent, full reading of Ordinance Number 1179 was waived. Chief picascia presented the staff report, and reviewed existing Code provisions relating to massage establishments and massagists. He stated that as opposed to present City regUlations, the proposed Ordinance establishes standards of education, conduct, dress, hygiene, and operating requirements for massage establishments. The Chief offered that the proposed Ordinance would be a strong tool to reduce, if not eliminate; illicit massage parlors and massagists from establishing in the City, however would provide qualified professionals the opportunity to attain their vocational goals. The City Manager reported the current business license fee of $50, and in addition to that the Ordinance proposes a non-refundable fee to cover investigative costs, and suggested the fee be set at $250. The City Attorney recommended that Section 12-24 be revised to read "The City Council shall make its decision..." and "The decision of the City Council...". Risner moved, second by Grgas, to approve the introduction of Ordinance Number 1179 as amended, and that it be passed to second reading. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I Mr. Roland Clark, Park Street, Huntington Beach, stated he was the owner and administrator of California College of Physical Arts, a State approved massage school, and spoke to the Ordinance requirement for one thousand hours of education. Mr. Clark reported that the American Massage Therapists Association (AMTA) recently re-evaluated their standards for education to five hundred actual classroom hours instead of the previous one thousand hour requirement, where half of that requirement was satisfied through outside case study. He reported that the five hundred hours will 2-25-85 become the national standard for education requirements, noting that the State's minimum is one hundred hours, and further reported that only six schools in California currently offer a one thousand hour curriculum. The City Manager suggested that the City Attorney look into the educational requirement referred to, explaining that this provision could be revised at next meeting. Mr. Clark also suggested that consideration be given to establishing a written or practical testing procedure for applicants. Dr. Mike Levi introduced himself to the Council, stated he worked with the Police Department over the past several months structuring the proposed Ordinance, spoke regarding the new education requirement of the AMTA, expressed some concern with the proposed $250 fee, and spoke in support of a testing procedure whereby an applicant would be evaluated by practical and written examination, offering that this would provide additional security to the City. Mayor Brownell thanked Mr. Clark and Dr. Levi for their informative comments. I CONSENT CALENDAR - ITEMS "J" THROUGH "Q" Councilman Grgas requested Items "L" and "0" be removed from the Consent Calendar; Councilmember Risner requested Item "p" removed. Grgas moved, second by Risner, to approve the recommended action for items on the Consent Calendar, except Items "L, 0, and P", as recommended. J. Approved the minutes of the regular meeting of January 14, 1985. K. Approved the minutes of the regular meeting of January 28, 1985. M. Approved regular demands numbered 55247 through I 55514 in the amount of $131,234.49, and payroll demands numbered 12265 through 12416 in the amount of $188,062.21, as approved by the Finance Committee and authorized warrants be drawn on the Treasury for same. N. Authorized the increase of tram fares from twenty (20) cents to twenty-five (25) cents. Q. Approved the application for a Certificate of Public Convenience to operate Limousine Taxi Service and directed the City Manager to issue said Certificate. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - COUNCIL MINUTES - FEBRUARY 5 Councilman Grgas added the words "United States Code" to line twenty, and "sideways" to line forty-one of his statement on page eleven of said minutes, and moved adoption of the minutes of the regular adjourned meeting of February I 5, 1985 as amended. Councilmember Risner seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEM "0" - TOW SERVICE AGREEMENTS Councilman Grgas inquired about justification for increased fees, and the City policy for towing. Chief picascia 2-25-85 I reported that the tow services are reviewed annually as well as any request for fee increases, that fees are compared with the rates of other tow services with subsequent approval recommended to the Council if an increase is justified. With regard to pOlicy regarding the towing of vehicles, the Chief responded that it depends largely with the circumstances and the law being violated, explaining for example, that a vehicle can be towed if left standing for more than seventy-two hours on public property, and on private property a vehicle can be towed if the property is posted or if previous authorization has been given by the property owner. Mr. Grgas requested that the Chief look into trucks parked, with for sale signs, on a vacant lot located at Seventeenth Street above Electric Avenue, also requested additional information as to the ownership, etc. of that property. In response to Council, the Chief noted that it is difficult to annually request bids for tow services since there are so few tow services in the immediate area, advising that the City requires a secured lot, that the location should be within reasonable driving distance, also noting the importance of response time for the Police Department. Grgas moved, second by wilson, to retain the services of Medlin Tow and Rossmoor Tow for the period January 1, 1985 through December 31, 1985, and approved the increased tow service fees as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I ITEM "p" - CHILDREN'S BEACH PLAYGROUND Councilmember Risner presented a check in the amount of $1,000 from the Save Our Pier Group to the President of the Junior Womens Club towards development of the children's playground area adjacent to the Pier. Councilman Grgas expressed his appreciation to the Recreation Director and the Commission for their efforts toward establishing this playground area. . Risner moved, secpnd by Grgas, to approve the proposed Tot Lot, directed staff to implement the development, and that a playground fund be established by the Recreation Department. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried AGENDA AMENDED Grgas moved, second by Risner, to amend the agenda to include a report relating to a ruptured sewer force main and the Szczerban appeal, as requested by the City Manager. ~ Brownell, Clift, Grgas, Risner, Wilson None Motion carried AYES: NOES: I REPAIR - RUPTURED SEWER FORCE MAIN The Director of Public Works reported that on February 13th the City's sewer maintenance crews observed that the sewer pump serving Sunset Aquatic Park was not operating properly and subsequently observed air bubbles surfacing from the sewer force main located approximately seventy- five feet into Anaheim Bay from the pump station. He stated that due to the location of the fracture, it was necessary to secure the services of a commercial diving firm with underwater pipeline experience, therefore the services of NAECO were retained as the only qualified local contractor available to perform the work immediately. Mr. Hemphill described the procedures followed to repair the rupture, and reported the final, verified cost of the emergency 2-25-85 repair to be $29,359.50. The Director recommended that staff investigate the feasibility of relocating this line so that the underwater sewer line could be abandoned. The City Manager suggested that staff look into deannexing Sunset Aquatic Park to either the City of Huntington Beach or the County. The City Manager advised that the City Attorney would prepare a Resolution declaring the urgency of said work, as required by the City Charter. I APPEAL - SZCZERBAN The City Attorney reported that pursuant to a technicality of the Municipal Code, it is necessary that the Council refer the matter of the Szczerban appeal back to the Planning Commission for further consideration and report. He noted the report would be due the Council within forty days, and that the Council Resolution conditionally approving the Appeal would not be in effect until that time. Mr. Stepanicich recommended that this requirement of the Code for variances and conditional use permits be deleted. Risner moved, second by Wilson, to refer the Szczerban matter back to the Planning Commission for a report as recommended by the City Attorney. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORAL COMMUNICATIONS Mayor Brownell declared oral communications open. Mr. Charles Antos, 316 - lOth Street, reported he had been notified that two subdivision maps, submitted for approval on behalf of two clients, could not be signed by the City Engineer. The City Engineer responded that a recent change in the law prohibits a civil engineer from signing off I subdivision maps, now requiring the signature of a licensed surveyor. He reported that the State Board of Registration is upholding this requirement while it is under advisement of a special committee, and noted arrangement has been made to secure the signature of a local licensed surveyor on future maps. There were no other oral communications; Mayor Brownell declared oral communications closed. RESOLUTION NUMBER 3460 - SEWER FORCE MAIN - EMERGENCY REPAIR The City Attorney presented Resolution Number 3460 and read same in full entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, WAIVING THE CITY'S BIDDING REQUIREMENTS FOR CERTAIN EMERGENCY REPAIR WORK ON A FRACTURED SEWER FORCE MAIN WITHIN THE ANAHEIM BAY." Risner moved, second by Clift, to adopt Resolution Number 3460 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried CLOSED SESSION The City Attorney reported Council would meet in Closed Session to discuss pending litigation under Government Code Section 54956.9(a) and (b),including City of Seal Beach vs. ISI, Los Angeles Superior Court Case 453095. I The Council adjourned to Closed Session at 8:31 p.m. The Council reconvened at 9:02 p.m. with Mayor Brownell calling the meeting to order. The City Attorney reported the Council had discussed pending litigation under Government Code Sections previously stated. ADJOURNMENT Grgas moved, second by Risner, to adjourn the meeting at 9:03 p.m. 2-25-85 / 3-11-85 AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I Approved: ~~--:' ~~ t..v ~ . DE::.-. Mayor Attest: 9..,. .(Ri a Ci y C1 rk I Seal Beach, California March 11, 1985 I The City Council of the City of Seal Beach met in regular session at 7:03 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 Councilman Grgas arrived at 7:05 p.m. Also present: Mr. parker, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Baucke, Director of Development Services Mr. Hemphill, Director of Public Works/ City Engineer Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk I WAIVER OF FULL READING Wilson moved, second by Clift, 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: ABSENT: Brownell, Clift, Risner, Wilson None Grgas Motion carried Councilman Grgas arrived at the meeting at 7:05 p.m.