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HomeMy WebLinkAboutCC Min 1985-03-11 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. 3-11-85 NOTICED PUBLIC HEARING - ZONING TEXT AMENDMENT 1-85 - THIRD STORIES - SEAL WAY Risner moved to hold this item over until next meeting to allow Council review of the Planning Commission minutes and the Negative Declaration document. Counci1member Wilson seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Wilson, Risner None Motion carried NOTICED PUBLIC HEARING - APPEAL 1-85 - TINY NAYLOR'S Mayor Brownell reported receipt of a letter on behalf of Tiny Naylor's requesting a continuance with respect to the Appeal hearing. The City Manager recommended that this item be continued to a time certain. Clift moved, second by Wilson, to agenda this item for the April 8th City Council meeting. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3461 - COMMENDING SERGEANT LEONARD FRISBIE - RETIREMENT Resolution Number 3461 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 POLICE SERGEANT LEONARD D. FRISBIE FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE CITY OF SEAL BEACH AND OUR COMMUNITY." Risner moved, second by Clift, to adopt Resolution Number 3461 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORDINANCE NUMBER 1179 - REGULATING MASSAGE ESTABLISHMENTS and MASSAGE TECHNICIANS Ordinance Number 1179 was presented for second 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. The city Manager recalled that at last meeting, the Council, after receiving comments from the audience, directed the staff to look into the one thousand hour educational requirement as proposed by this ordinance. He reported that the Police Chief surveyed other Orange County cities and based upon their requirements, continues to recommend the one thousand hour requirement as reasonable and justifiable, and further, that the Chief has recommended that the non-refundable investigatory background and business license fee be set at $500 with an annual renewal of $50. Mr. Parker requested that the ordinance be removed from the agenda to allow for further revision by staff of the four sections of the ordinance dealing with initial and renewal fees for massage establishments and massage technicians. He noted that the existing annual business license fee is $70 for a massage parlor and $15 for a technician, and requested input from the Council as to their intent regarding the fee requirement. Mr. Parker explained that the ordinance presently speaks to an annual renewal fee of one-half the original fee based upon the assumption that there would be a full annual investigation, however upon conversation with the Police Department it has been determined that even though all applications will receive an initial full background investigation, a full investigation would not be conducted for the annual permit renewal, therefore a $250 renewal I I I 3-11-85 I would not seem to be justifiable. The City Attorney concurred that there would be no support for a $250 renewal fee if a full annual investigation is not conducted, noting that there is no precise fee that would measure the cost to the City, however stated it would seem any annual fee between $50 and $100 would be considered reasonable. Mr. Stepanicich also stated it is staff's recommendation that the fees be incorporated into the ordinance rather than set by resolution. The Council conveyed no objection to staff's recommendation of an initial $500 non-refundable fee and annual fee in the range of $50 to $100. Councilmember Wilson referred to Section 12-4 of the ordinance prohibiting out-call massage services, citing the fact that there may be instances where Leisure World residents may find such services of value. The Police Chief explained that when it is a medical necessity to secure such services they are usually performed through a hospital or authorized physical therapist, that it is current practice to investigate advertised massage services, and enforcement of the law pursued if such service is deemed to be illegal. The city Attorney advised that he did not believe the ordinance would prohibit theraputic massage that is medically prescribed. Clift moved, second by Risner, to continue this item to next meeting. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I PROPOSED RESOLUTION - FEES - MASSAGE PARLORS and MASSAGE TECHNICIANS The City Manager advised that the fees will be included in the Ordinance, therefore, consideration of the proposed resolution unnecessary. Wilson moved, second by Risner, to remove the proposed Resolution from the agenda. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3463 - SUPPORTING SB 429 - ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUND Resolution Number 3463 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, APPROVING SB 429 (SEYMOUR) AND THE CREATION OF AN ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUND." By unanimous consent, full reading of Resolution Number 3463 was waived. The Director of Public Works presented the staff report and explained that the proposed legislation would allow interest monies accrued to Orange County's Local Transportation Fund to be used for street and highway purposes. Risner moved, second by Clift, to adopt Resolution Number 3463 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3464 - OPPOSING WIDENING OF PACIFIC COAST HIGHWAY Resolution Number 3464 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, STATING ITS OPPOSITION TO THE WIDENING OF PACIFIC COAST HIGHWAY THROUGH THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 3464 was waived. Members of the Council stated their feeling that the wording of Proposition B, submitted to the electorate at the Special Election in January, was misunderstood by many voters, therefore the proposed resolution was requested for Council 3-11-85 consideration in order to clarify the City's any proposal to widen Pacific Coast Highway. second by Wilson, to adopt Resolution Number presented. position to Risner moved, 3464 as AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3465 - BUSINESS IMPROVEMENT DISTRICT - DECLARING INTENT TO ESTABLISH Resolution Number 3465 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING ITS INTENTION TO ESTABLISH A BUSINESS IMPROVEMENT AREA PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTIONS 36500, ET SEQ." By unanimous consent, full reading of Resolution Number 3465 was waived. The City Manager reported representatives of the Old Town business community have been working toward the creation of a Business Improvement District for the Old Town area, as allowed under California State Law, enabling the business community to assess themselves for promotional purposes. Mr. Parker reported that the City would collect the assessment on behalf of the District, return the funds to the business community to carry out their promotion plan, and oversee the expenditure of the funds through a periodic audit. The City Manager noted that the proposed Resolution initiates the process to establish a BID and sets the time and place of the required public hearing. He reported that the BID proposed stems from a recommendation of the Downtown Task Force for coordinated downtown business promotional activities. He explained that a Business Improvement District proposal packet had been sent to each of the approximately three hundred businesses affected, that each member of the BID Task Force is personally contacting each business to further explain the proposal and obtain pertinent information relative to each business, and the support or opposition to the District via a response card, and that the information obtained will be available for consideration at the public hearing. Mr. Glenn Dulac addressed the Council stating he operates a family-owned insurance business on Electric Avenue. Mr. Dulac stated an Improvement District had been proposed by a few downtown business people nearly two years ago, however was not passed by the body of the Business Association. He reported he and others had circulated a petition at that time to obtain the views of local businesses to the proposed District, and reported that the results of the petition showed a majority of the one hundred ten businesses petitioned were opposed to the District. He stated he has discussed the current proposal with approximately twelve business people, all of which continue to oppose a BID, stating their feeling that it will not be a benefit to their business, or business as a whole, and merely constitutes another fee or tax. Mr. Dulac noted that the BID proposed budget includes no funding for improvements to the business area, nor an exemption for a service business that will derive no benefit from the promotional activities proposed, and expressed his feeling that there would be increased liability potential on the part of each business as well as the City. Mr. Dulac suggested that those businesses wishing to participate do so, assess only themselves rather than a mandatory participation, and offered to circulate another petition. With regard to concerns raised to a liability of one business being transferred to another business or to the City due to formation of the BID, the City Attorney advised it would seem to be very unlikely. Discussion continued. I I I 3-11-85 I Councilman Grgas acknowledged that some uncertainties may exist as to specific benefits derived from the Business Improvement District, and suggested that it may be worthwhile to hear from other cities that have established such a district prior to a final decision on this matter. The City Manager clarified that the information card referred to is provided to each business at the time the business is contacted by the Task Force member, not mailed. Councilmember Risner agreed that a presentation by another Business District would be helpful and suggested that each business be notified of same, also that each business be provided with another information/opinion card, to be signed and returned after hearing the presentation. The City Manager reported that the Director of the Whittier Business Association would be making a presentation next Monday evening to businesses of the Safeway and Bay City Shopping Centers, and added that this matter has been a subject of discussion for approximately three months, open to the public and noticed in the newspapers. Mr. Parker also stated that if an opinion were sought through a postcard process, he was not certain that a negative response would constitute a legal means to oppose the Improvement District. Mr. Jackson Mosier, 645 Taper Drive, stated he operates a business from 810 and 812 Electric Avenue dealing with sales to hospitals throughout the western states, however no sales are made in Seal Beach. He expressed his feeling that the Business Improvement District would be of no benefit to his business, and that it was his understanding that there would be some exempt business categories, which he did not find in the current proposal. The City Manager confirmed that some specific exemptions exist, such as churches, non-profits, etc., however reported that it was the decision of the committee not to exempt non-retail business for the reasons that: 1) if a business realizes even one customer over a period of time there is some benefit derived from being a member; and 2) that the paid coordinator would work with the City on such matters as architectural guidelines, a sign program, street furniture, parking problems, and police protection, as well as conduct seminars dealing with customer services, security, advertising promotion, merchandising, etc., which would be equally beneficial to a non-retail type business. Mr. Parker noted that some persons are opposed to the concept of a Business Improvement District, therefore it may be necessary to look at the benefit aspect. It was confirmed that current Business Association dues would be eliminated with the BID membership. Mr. Rich Harbour, reported his involvement with the Revitalization Task Force from which the proposed Business Improvement District was generated. He stated that for many years the same few persons have been involved with the organization of promotional activities to the benefit of all businesses, expressed his support for establishment of the District and the retention of a paid professional to coordinate activities necessary to promote the business community and act as spokesperson to the City. He stated he felt the assessment proposed was reasonable and proportionate to business receipts. Mrs. Teri Jones, Seal Beach resident and owner of a business on Main Street for twenty-five years, stated she is a member of the committee working towards the formation of the Business Improvement District, and expressed her feeling that this is the first opportunity for the business community to come together as a unit. Mrs. Jones spoke in favor of the BID and the hiring of a coordinator by the Business Association, that person to be available to all businesses as well as service organizations in the community. Members I I 3-11-85 of the Council again expressed their desire to notify all affected merchants of the presentation scheduled for March 18th. Sharon Leonard, business owner and resident, spoke to the previous opposition to a Business District as reported by Mr. Dulac and referred to the manner in which the petition questions posed were worded, offering to resurvey the business community with regard to the present proposal. Mrs. Jones and Ms. Leonard stated they felt the previous opposition stemmed partly from the City's involvement. The City Manager clarified that under the current proposal the City will only be reviewing the bUdget and conducting an audit, that the responsibility of the BID would lie with the businesses, noting that a public hearing would be required if the assessment were ever to be changed. Mr. Harbour asked that if another postcard survey is conducted that it be generated from the Business Association, and the City participate only by providing the postage. Risner moved, second by Clift, that the staff notify all affected businesses of the presentation by the Whittier Business Association scheduled for Monday, March 18th at 7:00 p.m. Mr. Henry Lucero, Seal Beach resident and fourteen year businessman, added his support for the formation of the District, noted that the same persons have been involved and active in business promotions for many years, and stated that those who have expressed opposition to the proposal do not get involved, however realize the benefit of those activities, and expressed his feeling that the entire business community should support the proposal which will benefit the City as a whole. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried RESOLUTION NUMBER 3466 - ADOPTING HOUSING/COMMUNITY DEVELOPMENT CONTRACT - YEAR TEN - ALLEY IMPROVEMENTS Resolution Number 3466 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING A HOUSING AND COMMUNITY DEVELOPMENT CONTRACT WITH THE COUNTY OF ORANGE IN APPLYING FOR PUBLIC FACILITIES AND IMPROVEMENT FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974." By unanimous consent, full reading of Resolution Number 3466 was waived. Grgas moved, second by Clift, to adopt Resolution Number 3466 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I I RESOLUTION NUMBER 3467 - ADOPTING HOUSING/COMMUNITY DEVELOPMENT CONTRACT - YEAR TEN - PRIVATE PROPERTY REHABILITATION Resolution Number 3467 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING A HOUSING AND COMMUNITY DEVELOPMENT CONTRACT WITH THE COUNTY OF ORANGE IN APPLYING FOR REHABILITATION OF PRIVATE PROPERTY FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974.- By unanimous consent, I full reading of Resolution Number 3467 was waived. Grgas moved, second by Risner, to adopt Resolution Number 3467 as presented. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried CONSENT CALENDAR - ITEMS "K" THROUGH "u" The City Manager requested Items "K, S, T and U" removed from the Consent Calendar. Risner moved, second by Wilson, 3-11-85 to approve the recommended action for items on the Consent Calendar, except Items "K, S, T and U", as presented. The City Clerk requested Item "L" also be removed from the Consent Calendar. Grgas moved, second by Risner, to remove Item "L" from the Consent Calendar, as requested. Vote to remove Item "L": I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried M. Approved regular demands numbered 55515 through 55673 in the amount of $667,202.31; payroll demands numbered 12417 through 12573 in the amount of $132,962.56, as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for the same. N. Denied the amended claim on behalf of Ernest Chavez and referred same to the City's insurance adjuster. O. Denied the amended claim on behalf of Robert Hulings and referred same to the City's insurance adjuster. P. Denied the amended claim on behalf of Teres Ujj and referred same to the City's insurance adjuster. Q. Denied the amended claim on behalf of Carol Kemble and referred same to the City's insurance adjuster. I R. Denied the amended claim on behalf of Robert Weaver and referred same to the City's insurance adjuster. AYES: Brownell, Clift, Grgas, Risner, Wilson NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "K" - MINUTES - FEBRUARY 11, 1985 The City Manager requested that the February 11th minutes be corrected to reflect Planning Commission and City Council zoning amendment in 1983 rather than 1982, as referenced under the ZTA-2-84 discussion. Risner moved, second by Wilson, to approve the February 11th minutes as corrected. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried MINUTES - FEBRUARY 25, 1985 The City Attorney amended the February 25th minutes relating to the Closed Session report to read "Government Code Section 54956.9(a) and (b) including Seal Beach vs. ISI." Wilson moved, second by Clift to approve the minutes of February 25th as amended. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried AYES: NOES: ITEM "K" second by Clift, to reconsider Item "K" as the City Attorney. Brownell, Clift, Grgas, Risner, Wilson None Motion carried RECONSIDER - Grgas moved, requested by ITEM "K" - MINUTES - FEBRUARY 11, 1985 Risner moved, second by Wilson, to approve Item "K" as 3-11-85 corrected, deleting the second sentence under the Closed Session report. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEM "s" - MERCHANT PARKING AGREEMENT Council discussed extending the term of the agreement for a period of one year. Councilman Grgas indicated he would prefer a six month period, expiring September 30th, to allow flexibility in any upcoming parking discussions, and so moved. Counci1member Wilson seconded the motion. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEM "M" - REQUEST - WAIVER OF FEES - SENIOR CENTER USE The City Manager reported a request received from Mr. Joseph Riba1, Chairman ProTem of the Old Town Rental Housing Improvement Association requesting use of the Senior Center for their meetings and the waiver of the rental fees. Mr. Parker reported that there are currently two resolutions governing the use of community buildings, another governing the use of the Senior Center, therefore the Council may choose to grant the request for the month of March only and direct the staff to incorporate the existing resolutions for consideration of the Council. Counci1member Risner moved to grant the use of the Senior Center, waiving the rental fee, for the month of March, however requiring the cleaning deposit, etc. as required by the existing resolution. Council discussed the criteria for use of the Senior Center as set forth in Resolution Number 2750. Mrs. Risner stated I it should be clarified that the Center is not to be used for political purposes. Councilman Clift seconded the motion. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ITEM "U" - SURFS IDE REVETMENT PAYMENT The City Manager recalled that Surfside was granted a one- year extension of their first revetment payment on January 15, 1984, and in turn, agreed to pay ten percent interest on the payment, compounded monthly, or $4,124. Mr. Parker reported that after some delay, that payment has now been received by the City, with Surfside now requesting an additional one-year extension for the first payment and a similar extension for the second payment, now due, since the Colony has not sold the property from which the proceeds were to repay the City. Mr. Parker noted that Surfs ide is willing to continue payment of the ten percent interest, and acknowledged that the City would receive, in interest, an amount approximately equal that sum from similar investments. The City Manager reported that the Mayor had requested that the interest payment ($577.33) not only be computed, but paid on a monthly basis. Clift moved, second by Grgas, to approve the requested extensions as I outlined by the City Manager, that the City Attorney be directed to prepare an appropriate amendment to the agreement with Surfside Colony, and that the City Manager be authorized to execute same on behalf of the City. AYES: NOES: Brownell, Clift, Grgas, Risner, wilson None Motion carried 3-11-85 APPOINTMENT - ORANGE COUNTY SENIOR CITIZENS ADVISORY COUNCIL - TRANSPORTATION COMMITTEE Mayor Brownell nominated Mr. David Kurtze to the Transportation Committee of the Orange County Senior Citizens Advisory Council. Risner moved, second by Clift, to approve the Mayor's appointment. I AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried SOUTHERN CALIFORNIA WATER COMMITTEE Clift moved, second by Wilson, to approve the payment of $750 annual membership dues to the Southern California Water Committee, Inc. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried ORAL COMMUNICATIONS Mayor Brownell declared oral communications open. Councilman Clift requested a commendation be prepared honoring the Los A1amitos cheerleaders on their recent first place national championship award. Risner moved, second by Wilson, to approve Mr. Clift's request, to be presented at next meeting. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I Councilman Clift reported concern expressed by residents regarding dish antennae being installed in the City, and requested the staff to survey other cities as to their regulation of size and installation. Counci1member Risner requested the same as it relates to solar heating systems. Councilmember Wilson acknowledged the new Seal Beach entrance sign on Seal Beach Boulevard at the north City limits. Counci1member Risner requested that a letter of appreciation be forwarded to those persons contributing to the purchase of a new flag at the pier entrance, and read a letter she had received from a resident of Hawaiian Gardens commending those responsible for accomplishing the pier reconstruction. Mrs. Wilson expressed appreciation to the City Manager and Recreation Director for correcting a problem at Edison Park. Mayor Brownell announced the organization of the Swim Club in Leisure World and extended appreciation to Lifeguard Chief Dorsey for presentations he had made to the organization regarding water safety. Clift moved, second by Risner, to direct that a letter of appreciation be sent to Chief Dorsey. AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I Mr. Charles Antos, 316 - 10th Street, presented the Mayor and members of the Council with a letter from his attorney on his behalf, and asked that after reading same the Council would take whatever appropriate action is necessary. The City Attorney recommended that the letter be reviewed and that a report be presented to the Council at next meeting. There were no other oral communications; Mayor Brownell declared oral communications closed. CLOSED SESSION The City Attorney reported the City Council would meet in Closed Session to discuss a personnel matter. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 9:15 p.m. The Council reconvened 3-11-85 / 3-25-85 at 9:51 p.m. with Mayor Brownell calling the meeting to order. The City Attorney reported the Council had met in Closed Session to discuss a personnel matter as previously reported. ADJOURNMENT Grgas moved, 9:53 p.m. second by Wilson, to adjourn the meeting at AYES: NOES: Brownell, Clift, Grgas, Risner, Wilson None Motion carried I clerk of the APP=~d'~_~ ~ ,. "u-"'o~ Attest: Seal Beach, California March 25, 1985 I 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 Councilmembers Clift, Grgas, Risner, Wilson NOES: None 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 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 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