HomeMy WebLinkAboutCC AG PKT 2004-03-22 #D AGENDA REPORT
DATE: March 22, 2004
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: CONSIDERATION OF SENIOR CITIZEN BUSINESS
LICENSE TAX PROVISIONS AND OPERATING
PROCEDURES
SUMMARY OF REQUEST:
Receive and File Staff Report
BACKGROUND:
On October 28, 2002 the City Council considered this same issue and determined to
receive and the file the City Council Staff Report that was presented at that time. In the
opinion of staff there have been no significant changes to the business license and zoning
provisions regarding home -based businesses that would warrant further revision of the
Zoning Ordinance provisions.
Home Occupation/Zoning Ordinance Issues:
The main issues regarding the Zoning Ordinance provisions relating to home -based
business operations were discussed in the October 2002 City Council Staff Report and
are presented here for the information of the City Council:
Section 28 -239. Home Occupation.
"'Home Occupation' means an occupation conducted on the premises
within the main dwelling unit by the occupant of the dwelling as a
secondary use in connection with which there is no display, no stock in
trade or commodity sold upon the premises, no person employed and in
connection with which no mechanical equipment is used except such
mechanical equipment as is customarily used for housekeeping purposes.
(Ord. No. 948)"
The current Code provisions have been established to prevent adverse impacts to
adjoining neighbors of a "home occupation" business operation. The storing of stock in
Agenda Item .D
Z \My Documents \City Council \Senior Business Provisions CC Staff Report.03- 22- 04.doc \LW\03 -17-04
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Senior Business License /Operating Procedures
City Council Staff Report
March 22, 2004
trade and the selling of commodities from a residence location can have substantial
adverse impacts to surrounding neighbors, both from the increased traffic of the delivery
of such "stock in trade" items, and from the increased traffic by customers or clients
corning to the residence location to look at and purchase such stock in trade business
commodities. There may additional adverse impacts created in the neighborhood if the
amount of such "stock in trade" items limits the ability of the home occupant to properly
utilize their parking areas, placing more vehicles on the street than necessary. These
impacts are of particular concern in the "Old Town" area of the City, where on -street
parking spaces are at a premium due to the existing development pattern.
The major problem with attempting to find a reasonable accommodation for home based
businesses that wish to maintain a stock in trade on the premises is the wide range of
items that persons would wish to maintain at their home. This would make it extremely
difficult to formulate clear, concise, easily understood, and clearly enforceable standards
for this type of use. The decision of the City has been to clearly indicate no stock in trade
on the premises or items sold from the residence. It is assumed, however, that these types
of activities may occur, and unless a complaint from an adjoining resident is received, the
City would not be aware of that type of activity.
It is also uncertain as to the ability of the City to differentiate the "home occupation"
operating procedures between senior operated businesses, and those operated by non -
seniors. The potential impacts would be assumed to be generally similar in nature
regardless of the age of the business operator.
Provided as Attachments 1 through 9 are previous City Council meeting minutes and
Staff Reports regarding this issue to provide the City Council with an overview of this
issue between October 1998 and October 2002.
Revision to Business License Application Form:
Staff will revise the Business License Application Form to more clearly highlight the
availability of the current reduced business license rate for persons over 65 with an
annual business income of less than $5,000.00, as verified by submittal of the most tax
return to substantiate the annul business income earned.
Recommendation for No Amendment to Zoning Ordinance re: Home Occupation:
Staff would recommend no amendments to the Code as presently written regarding this
issue. The difficulties in formulating reasonable criteria and being able to enforce such
criteria would be extremely burdensome and time consuming.
If the City Council so directs, staff will allocate existing staff resources to further
research this issue and provide additional reports to the City Council.
FISCAL IMPACT:
Senior Business Provisions CC Staff Report 03 -22 -04 2
4
Senior Business License/Operating Procedures
City Council Staff Report
March 22, 2004
No direct impacts. If the City Council directs further review by staff, current project staff
assignments would need to be re- prioritized, and existing projects of importance to the
City Council may be delayed if attention is given to this item.
RECOMMENDATION:
Receive and File Staff Report
NOT ND OVED:
r. /Ad
fe Whittenberg Jo , 7 Bahorski
Director of Development Services C anager
Attachments: (9)
Attachment 1: City Council Minutes — March 8, 2004
Attachment 2: City Council Agenda Report — Consideration of Senior
Citizen Business License Tax Provisions and Operating
Procedures, dated October 28, 2002
Attachment 3: City Council Minutes — October 28, 2002
Attachment 4: City Council Minutes — August 26, 2002
Attachment 5: City Council Minutes — March, 8, 1999
Attachment 6: City Council Staff Report — Proposed Amendment to
Ordinance 1435 Relating to a Reduced Senior Citizen
License Fee
Attachment 7: Ordinance No. 1435, An Ordinance of the City of Seal
Beach Amending Section 11 -33 of Chapter 11, Article II of
the Code of the City of Seal Beach Reducing Business
License Fees for certain Qualified Senior Citizens Engaged
in Permitted Home Occupations — Adopted March 8, 1999
Attachment 8: City Council Minutes — October 26, 1998
Attachment 9: City Council Staff Report — Proposed City Business
License Senior Citizen Reduced Rate Fee, dated October
20, 1998
Senior Business Provisions.CC Staff Report.03 -22 -04 3
,
,
Senior Business License /Operating Procedures
City Council Staff Report
March 22, 2004
ATTACHMENT 1
CITY COUNCIL MINUTES - MARCH 8, 2004
Senior Business Provisions CC Staff Repoit.03 -22 -04 4
services of the Mayor as Clerk are not needed, the Council
did not endorse her, and the $80,000 for a run -off election
should not be spent. Ms. Corbin said it should have been
the Mayor that brought up the trash contract rather than
herself, it was thought to be a seven year contract but it
is found it is fourteen years, it rolls over, claimed that
every other city gets bids for their trash contractor, this
contract needs to be bid. Ms. Corbin scolded the Mayor for
not introducing the former City Clerk candidate Kimberly
Boyd who was in attendance with the Girl Scouts, claimed
that parking meters and certain contracts are being forced
on the people, the new member of the Council should have _
his say, and criticized the statement made about abstaining
from voting. There being no further comments, Mayor
Campbell declared Oral Communications closed.
CITY ATTORNEY REPORT
No report was presented.
CITY MANAGER REPORT
No report was presented.
COUNCIL COMMENTS
With regard to the recent election, Councilman Doane
reported that the new slate voting machines worked very
well, there had been some concern about Leisure Worlders
using them, there were no complaints, there were complaints
however that they combined the precincts, particularly in
Clubhouse Two where people using canes, walkers, wheel
chairs were in line well over a half hour before they could
be signed in, there were plenty of machines, the wait was
to get processed, there was one crew working three
precincts rather than one, this was the fault of the Orange
County Registrar of Voters, something will need to be done
about this. Councilman Doane requested that on an upcoming
agenda an item be placed for consideration relating to
cottage industry work permits, he had worked with the
former City Manager and people in Leisure World to
establish the cottage industry exceptions to the business
license system, it was an excellent decision by the Leisure
World News to only accept ads for publication from people
who had a current business license, this was to resolve the
issue of people putting ads in the News then taking
advantage of some of the Leisure World residents, it was a
good plan and eliminated fraud. Councilman Doane mentioned
however that in Leisure World there were people who worked
out of their homes, were allowed to keep an inventory, the
restrictions were that the people had to be over a certain
age, they could not make more than $5,000 per year, yet he
has now had a resident call saying she has been turned down
for those very reasons, that is why he would like this
issue agendized in the near future. He reminded also that
the cottage industries are not exclusive to Leisure World,
it is available to anyone who has reached a certain age
level that have a hobby type enterprise who want to
advertise and sell their merchandise. To the suggestion
that the request of Councilman Doane be done by motion of
the Council, Councilman Yost questioned the need for a
motion, said is it not true that a member of the Council
can place an item on the agenda, the Manager responded that
he merely wanted concurrence of the Council to move in that
1 . ...}
direction. As a point of clarification the City Attorney
said if there was no objection by the Council the item will
be on the next agenda. Councilman Larson requested to
remove Item "G" from the Consent Calendar. As to the
request of Councilman Larson, the City Attorney recommended
that there be a motion to reconsider the Approval of the
Agenda. Antos moved, second by Yost, to reconsider the
Approval of the Agenda.
AYES: Antos, Campbell, Doane, Larson, Yost
NOES: None Motion carried
Larson moved, second by Yost, to remove Item "G" from the
Consent Calendar for separate consideration.
AYES: Antos, Campbell, Doane, Larson, Yost
NOES: None Motion carried
Councilman Yost said he was pleased to see that the MPROP
petition received the required number of signatures from
the Trailer Park residents, that will mean that the $1
million, fronted by the Agency through the Bridge Loan for
purchase of the Trailer Park, will be returned to the City,
it appears that both sides got together and cooperated with
the gathering of the signatures, it is hopeful that in this
new spirit of cooperation they can put aside some of their
differences and resolve some of the issues in the Park.
With regard to parking meters, Councilman Yost said most of
his district is against them, knows few that are for
meters, he went to several businesses on Main Street and
every one was against meters, he has received one e-mail .
that was for meters, some of the comments from the
businesses were that when an additional fee is added it is
like an additional tax on whatever product is being sold,
that is like adding fifty cents to anything being sold in
the store, likely to decrease any business that will be
done, and noted that meters were approved on a three /two
vote, those opposed were from the area that includes the
area that is to be metered. He mentioned that there is a
new candidate elect and in his newspaper interviews and
public statements it appears he is someone who is not in
favor of division, rather listen, come together, and
resolve issues, he would like the parking meter issue held
and placed on the next agenda to reconsider the vote to
approve, he would like to have the candidate elect look at
the issue and see if there is a way to resolve this in
another way, this is a divisive issue, he would like to get
over the division. Councilman Antos said he too would like
to see the meter issue on the next agenda for
reconsideration of the vote. In response to comments made
under Oral Communications, Mayor Campbell mentioned that a
comment was made that she had said certain contracts were
flawed, she did not, with regard to whether the Zoeter
contract was bad, at the request of the Mayor the Manager
said he felt there is some misconception about what is in
the Zoeter agreement and how /why the first right of refusal
was put in the agreement, the Mayor also asked if the
Manager had said that the refuse hauler contract had to be
redone, the Manager said his concern was with the cable
contract, the trash contract terms were negotiated, he has
met with the trash contractor and in researching the file
Senior Business License /Operating Procedures
City Council Staff Report
March 22, 2004
ATTACHMENT 2
CITY COUNCIL AGENDA REPORT - .
CONSIDERATION OF SENIOR CITIZEN
BUSINESS LICENSE TAX PROVISIONS
AND OPERATING PROCEDURES, DATED
OCTOBER 28, 2002
Senior Business Provisions.CC Staff Repori.03 -22 -04 5
AGENDA REPORT
DATE: October 28, 2002
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: CONSIDERATION OF SENIOR CITIZEN BUSINESS
LICENSE TAX PROVISIONS AND OPERATING
PROCEDURES
SUMMARY OF REQUEST:
Receive and File Staff Report
BACKGROUND:
The Code of the City of Seal Beach has provisions regarding the operation of businesses,
with specific provisions relating to home occupations and senior business operations.
Those provisions are summarized as follows:
Section 11 -33 Tax Rate Schedules., subsection (e):
"All persons 65 and over engaged in any home occupation, as that term is
defined in Section 28 -239 of this Code, shall pay an annual flat rate tax of
fifty dollars ($50), provided that the annual income derived from such
home occupation does not exceed $5,000 in any calendar year. In order to
qualify for this reduced rate, licensees shall submit a copy of his or her
most recent tax return to substantiate that the annual income derived from
the home occupation does not exceed $5,000 per year. (Ord. No. 1435)"
Section 28 -239. Home Occupation.
"'Home Occupation' means an occupation conducted on the premises
within the main dwelling unit by the occupant of the dwelling as a
secondary use in connection with which there is no display, no stock in
trade or commodity sold upon the premises, no person employed and in
connection with which no mechanical equipment is used except such
mechanical equipment as is customarily used for housekeeping purposes.
(Ord. No. 948)"
Agenda Item G
C:1My Documents\City Council\Senior Business Provisions.CC Staff Report.doc1L1M10 -21 -02
Senior Business License/Operating Procedures
City Council Staff Report
October 28, 2002
An inquiry has been received regarding the keeping of certain small amounts of "stock in
trade" at a residence in Leisure World and allowing those commodities, in this case
paintings, to be sold on the premises.
The current Code provisions have been established to prevent adverse impacts to
adjoining neighbors of a "home occupation" business operation. The storing of stock in
•
trade and the selling of commodities from a residence location can have substantial
adverse impacts to surrounding neighbors, both from the increased traffic of the delivery
of such "stock in trade" items, and from the increased traffic by customers or clients
coming to the residence location to look at and purchase such stock in trade business
commodities. There may additional adverse impacts created in the neighborhood if the
amount of such "stock in trade" items limits the ability of the home occupant to properly
utilize their parking areas, placing more vehicles on the street than necessary. These
impacts are of particular concern in the "Old Town" area of the City, where on- street
parking spaces are at a premium due to the existing development pattern.
The major problem with attempting to find a reasonable accommodation for home based
businesses that wish to maintain a stock in trade on the premises is the wide range of
items that persons would wish to maintain at their home. This would make it extremely
difficult to formulate clear, concise, easily understood, and clearly enforceable standards
for this type of use. The decision of the City has been to clearly indicate no stock in trade
on the premises or items sold from the residence. It is assumed, however, that these types
of activities may occur, and unless a complaint from an adjoining resident is received, the
City would not be aware of that type of activity.
It is also uncertain as to the ability of the City to differentiate the "Home occupation"
operating procedures between senior operated businesses, and those operated by non -
seniors. The potential impacts would be assumed to be generally similar in nature
regardless of the age of the business operator.
Staff would recommend no amendments to the Code as presently written regarding this
issue. The difficulties in formulating reasonable criteria and being able to enforce such
criteria would be extremely burdensome and time consuming.
If the City Council so directs, staff will allocate existing staff resources to further
research this issue and provide additional reports to the City Council.
FISCAL IMPACT:
No direct impacts. If the City Council directs further review by staff, current project staff
assignments would need to be re- prioritized, and existing projects of importance to the
City Council may be delayed if attention is given to this item.
2
Senior Business Provisions.CC Staff Report
Senior Business License/Operating Procedures
City Council Staff Report
October 28, 2002
RECOMMENDATION:
Receive and File Staff Report
NOTED AND APPROVED:
� / % /� /� / /I!
e Whi - enberg John :. Bahorski irector of Development Service Ci anager
3
Senior Business Provisions.CC Staff Report
Senior Business License/Operating Procedures
City Council Staff Report
March 22, 2004
ATTACHMENT 3
CITY COUNCIL MINUTES - OCTOBER 28, 2002
Senior Business Pmvisions.CC Staff Report.03 -22 -04 6
10 -28 -02
E. Received and filed the Monthly Investment
Report for September, 2002.
F. Adopted Resolution Number 5070 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH CONDITIONALLY APPROVING CUP
•
NO. 01 -9 FOR THE SALE OF BEER AND WINE FOR
ON PREMISES CONSUMPTION" (RIVERS END) By unanimous
consent, full reading of Resolution Number 5070 was
waived.
G. Received and filed the staff report relating
to the senior citizen business license tax
provisions and operating procedures,
recommendation that no amendments be made to
the existing Code as written.
H. Adopted Ordinance Number 1491 entitled "AN
ORDINANCE OF THE CITY OF SEAL BEACH REGARDING
SPECIAL EVENTS AND AMENDING CHAPTER 19E OF
THE CODE OF THE CITY OF SEAL BEACH." By
unanimous consent, full reading of Ordinance
Number 1491 was waived.
I. Accepted the resignation of Ms. Lisa Chattler
as the District Two representative to the
Recreation and Parks Commission, and declared
the position vacant for the unexpired three
year term ending July, 2005.
J. Canceled the November 25th and December 23rd,
2002 City Council meetings in recognition of
the upcoming holiday season.
M. Presented Council with a preliminary draft of
the Newsrack Ordinance for review, and received and
filed the status report relating thereto.
AYES: Antos, Campbell, Doane, Larson, Yost
NOES: None Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "K" - RESCINDING CONTRACT AWARD - SEAL BEACH BOULEVARD
BIKE LANE /STORM DRAIN - PROJECT NUMBER 50025 - AUTHORIZE RE-
BID
Mayor Larson noted that a contract was awarded for the Seal
Beach Boulevard Bike Lane and Storm Drain Project south of
Westminster Avenue, evidently the contractor in turn has not
responded or returned calls, the Public Works Director
confirmed that to be true, the proper contract documents were
not submitted. Mayor Larson inquired if there is a bond that
will be forfeited, and stated if that is not enough to cover
the difference between the bond and a subsequent contract he
would request that that be pursued against this contractor.
The Public Works Director stated that the thought was that
better prices could be obtained if the project were rebid.
Mayor Larson acknowledged that direction, however asked that
this contractor be placed on a list of not responsible
bidders so that bids will not be accepted from him again.
Larson moved, second by Doane, to rescind the award of the
contract to Southland Construction in the amount of $174,800
for the construction of the Seal Beach Boulevard Bike Lane
and Storm Drain Project south of Westminster Avenue,
Senior Business License /Operating Procedures
City Council Staff Report
March 22, 2004
ATTACHMENT 4
CITY COUNCIL MINUTES - AUGUST 26, 2002 .
•
Senior Business Provisions.CC Staff Report.03 -22 -04 7
8 -26 -02
that that is a similar issue to Long Beach where they are in
a three way dispute with the airlines and the residents, his
preference would be that Seal Beach not get into the position
of having to choose sides in that dispute, for anything that
would affect flights over the City that would be fine, the
Council has been importuned by people and organizations in
Long Beach to take a position, his preference would be that
no position be taken, at least until more information is
known. Councilmember Campbell explained that she is not
taking a position, she merely wanted to establish repour with
the airport manager to keep lines of communication open in
the event that there are complaints once the flights are
increased. Councilman Doane mentioned that a gentleman in
his District had indicated interest in serving the City, a
desire to serve when an opening occurred, he then appointed
Mr. Levitt to the newly formed Ad Hoc General Plan Committee
yet it has now been learned that Mr. Levitt will be away on
vacation for about three months, therefore requested that
this matter be placed on the next agenda to declare the
position vacant and make a new appointment. He also noted
having received a letter from the Associate Planner regarding
home based businesses, the Planner is following the Code as
it currently exists in decisions that have been made, his
only concern is that when the issue of cottage industries
first came up the intent was to allow for senior citizens who
wanted to supplement their income yet did not want to pay the
full business license fee, it was determined that they be
required to pay a $50 fee with restrictions that they be over
sixty -five and that they do not make more than $5,000 per
year. He described as an example that one gentleman is a
handyman, makes more than $5,000 per year, and is now paying
the full license fee, the problem with the applicant referred
to in the letter from the Planner is that the person wants to
store the material that she is selling, an author and a
painter working in and selling from her home. Councilman
Doane said when this provision was developed it did not go
far enough, it set forth restrictions but did not say that an
applicant would not need to comply with some of the other
Code requirements for a full business license. Councilman
Doane requested that this matter be agendized for discussion,
this is not merely a Leisure World issue it applies to any
senior in the community. There was a unanimous consent
indicated to place this matter on a future agenda.
CLOSED SESSION
No Closed Session was held.
ADJOURNMENT
It was the order of the Chair, with consent of the Council,
to adjourn the meeting until September 9th at 6:30 p.m. to
meet in Closed Session if deemed necessary. By unanimous
consent, the meeting was adjourned at 8:24 p.m.
6 C c eeatze_0(
lerk and ex -offi o clerk
o City of Seal Beach
Approved: \-)4o
Mayor
Senior Business License/Operating Procedures
City Council Staff Report
March 22, 2004
ATTACHMENT 5
CITY COUNCIL MINUTES - MARCH, 8, 1999
Senior Business Provisions.CC Staff Report.03 -22 -04 8
3 -8 -99
initial contract was for five years with provision for a five
year extension. Mayor Yost said he did not believe that
Huntington Beach understands the full implications of their
action for a number of reasons, Coke would likely be required
to sponsor events such as a marathon, they will probably be
required to provide drinks for City sponsored events as well,
and for a cost. He spoke for removing the L.A. Times
receptacles from the beach and that the agreement be
researched, his preference would be to see the beach void of
advertising. Councilman Doane cautioned against any breach
of the contract.
Councilman Boyd moved to direct staff to review the agreement
and provide options for discontinuing the contract for beach
trash receptacles. He noted that if the contract can be
discontinued he would work with staff to provide the heavy
plastic cans for refuse disposal. Mayor Yost seconded the
motion.
AYES: Boyd, Campbell, Doane, Snow, Yost
NOES: None Motion carried
RESOLUTION NUMBER 4692 - STREET CLOSURE - PACIFIC COAST
HIGHWAY /MAIN STREET - ANTIQUE CAR SHOW
Resolution Number 4692 was presented to Council entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING THE CLOSURE OF THE NORTH AND SOUTHBOUND TURN
POCKETS LOCATED AT THE MAIN STREET /PACIFIC COAST HIGHWAY
INTERSECTION." By unanimous consent, full reading of
Resolution Number 4692 was waived. Boyd moved, second by
Doane, to adopt Resolution Number 4692 as presented.
AYES: Boyd, Campbell, Doane, Snow, Yost
NOES: None Motion carried
AGREEMENT - ARMORED CAR TRANSPORT SERVICES
Boyd moved, second by Yost, to approve the agreement with
Sectran Security, Inc. to provide armored car pickup service
for the City's daily cash deposits and parking meter coinage,
subject to approval by the City Attorney.
AYES: Boyd, Campbell, Doane, Snow, Yost
NOES: None Motion carried
ORDINANCE NUMBER 1435 - REDUCED BUSINESS LICENSE FEE -
PERMITTED HOME OCCUPATIONS - QUALIFIED SENIOR CITIZENS
Ordinance Number 1435 was presented to Council for second
reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING SECTION 11 -33 OF CHAPTER 11, ARTICLE II OF THE CODE
OF THE CITY OF SEAL BEACH REDUCING BUSINESS LICENSE FEES FOR
CERTAIN QUALIFIED SENIOR CITIZENS ENGAGED IN PERMITTED HOME
OCCUPATIONS." By unanimous consent, full reading of
Ordinance Number 1435 was waived. Boyd moved, second by
Doane, to approve the second reading and adopt Ordinance
Number 1435 as presented.
AYES: Boyd, Campbell, Doane, Snow, Yost
NOES: None Motion carried
APPROVAL OF MINUTES
Approved the minutes of the December 14, 1998 regular meeting
and the January 5, 1999 regular adjourned meeting.
Senior Business License /Operating Procedures
City Council Staff Report
March 22, 2004
ATTACHMENT 6
CITY COUNCIL STAFF REPORT -
PROPOSED • AMENDMENT TO
ORDINANCE 1435 RELATING TO A
REDUCED SENIOR CITIZEN LICENSE FEE
Senior Business Provisions.CC Staff Report 03 -22 -04 9
01 f
0 Q-1i
��
0- �' . , 4 ,
/
/ iliv O
March 8, 1999
STAFF REPORT
TO Honorable Mayor and Members of the City Council
FROM Elizabeth Stoddard, Director of Administrative Services
SUBJECT. PROPOSED AMENDMENT TO ORDINANCE 1435
RELATING TO A REDUCED SENIOR CITIZEN
LICENSE FEE
SUMMARY OF REQUEST:
Approve 2n reading of Ordinance 1435 amending Section 11 -33 of Chapter 11, Article II
and providing a reduced rate for senior citizens engaged in home occupations.
DISCUSSION:
Second reading of Ordinance 1435 encompasses changes to the proposed wording that
more closely reflects what the City currently has in its ordinance relating to home
occupations. The proposed amendment does not change the intent of the senior citizen
reduced business license rate and in fact clarifies what the previous amendment referred to
as "cottage industries ". Section 1,1 -33 of the Code of the City of Seal Beach relating to
business license tax rate schedules will be amended to include Section 28 -239 of the
Zoning Code, which generally defines home occupations and restricts such activities to
prohibit displays, stock in trade or commodities sold on premises, and limits the type of
equipment that can be used in the business.
Agenda Item
Staff Report
March 8, 1998
Page 2
RECOMMENDATION:
Approve 2n reading of proposed amendment to Section 11 -33 of Chapter 11, Article II of
the Code of the City of Seal Beach.
1 :id L \��; �,l - x-4z22h,C_.
Elizabe Stoddard '
Directoc f Administrative Services
NOV PR
� .
Keith R. Till
City Manager
Senior Business License /Operating Procedures
City Council Staff Report
March 22, 2004
ATTACHMENT 7
ORDINANCE NO. 1435, AN ORDINANCE OF
THE CITY OF SEAL BEACH AMENDING
SECTION 11 -33 OF CHAPTER 11, ARTICLE
II OF THE CODE OF THE CITY OF SEAL
BEACH REDUCING BUSINESS LICENSE
FEES FOR CERTAIN QUALIFIED SENIOR
CITIZENS ENGAGED IN PERMITTED
HOME OCCUPATIONS - ADOPTED
MARCH 8, 1999
Senior Business Provisions CC Staff Report.03 -22 -04 10
■
ORDINANCE NO 1435
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION
11-33 OF CHAPTER 11, ARTICLE 11 OF THE CODE OF THE CITY OF
SEAL BEACH REDUCING BUSINESS LICENSE FEES FOR CERTAIN
QUALIFIED SENIOR CITIZENS ENGAGED IN PERMITTED HOME
OCCUPATIONS. -
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS
1 Section 11 -33 of the Code of the City of Seal Beach relating to business license
tax rate schedules is hereby amended by adding thereto a new subsection (e) to
read, as follows
"(e) All persons 65 and over engaged in any home occupation, as
that term is defined in Section 28 -239 of this Code, shall pay an
annual flat rate tax of fifty dollars ($50), provided that the annual
income derived from such home occupation does not exceed
$5,000 in any calendar year. In order to qualify for this reduced
rate, licensees shall submit a copy of his or her most recent tax
return to substantiate that the annual income derived from the
home occupation does not exceed $5,000 per year."
PASSED, A1'PROVE4ND ADD1 ED by the City Council of the City of Seal Beach at a meeting
thereof held on the - day of % /,ZA.e 1999.
Mayor
ATTEST: •
Joanne M. Yeo, City Clerk
STATE OF CALIFORNIA) -
COUNfY OF ORANGE ) SS
CI'T'Y OF SEAT. BEACH )
1, Joanne M. Yeo, City Clerk of the City of Seal Beach, C• if9sma, do hereby certify that the foregoing
ordinance is the original copy of Ordmance.Numbcr / J on file in the office of the City Clerk,
introduced at a meeting held on the o — day of I , 199'and passed,
appfoved, and adopte the Cu Council of the City of Seal Beach at a meeting thereof held on the
day of , 1999 by the following vote:
AYES: Councilmembe d 6 _ i �4 J am-"
U �
NOES: Councilmember
ABSENT. Councilmembers�
ABSTAIN CouncilmemhersZ2-)1@_..
and do hereby certify that Ordinance Number /4 has been published pursuant to the Seal
13each City Charter and Resolution Number 2836.
i n/
C ifj/ Clerk
Senior Business License/Operating Procedures
City Council Staff Report
March 22, 2004
ATTACHMENT 8
CITY COUNCIL MINUTES - OCTOBER 26, 1998
Senior Business Provisions.CC Staff Report.03 -22 -04 11
10 -26 -98
AYES: Boyd, Brown, Campbell, Doane, Yost
NOES: None Motion carried
PROPOSED ORDINANCE NUMBER 1435 - BUSINESS LICENSES - SENIO
CITIZEN REDUCED FEE
The City Manager stated that this item is in response to a
request of Council at the last meeting whereas certain
individuals engaging in small home occupation cottage
industries have found it a hardship to pay the full business
license fee. Upon research of other cities by the Director
of Administrative Services, what is proposed is a $50 annual
fee for persons sixty -five years and over provided the income
therefrom does not exceed $5,000 per year. Councilman Doane
explained that this issue was raised because of a move by the
Leisure World News that as of November 1st they would not
accept any advertising for their classified section without a
City business license, this the result of certain concerns
pointed out during a seminar by the Police Department. He
confirmed having knowledge of several persons engaged in
cottage industries that could not afford the regular business
license fee. Councilman Doane mentioned also that the City
has offered a forty -five day no fee temporary permit pending
the effective date of Ordinance 1435.
Doane moved, second by Boyd, to approve the introduction of
Ordinance Number 1435 entitled "AN ORDINANCE OF THE CITY OF
SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 11, ARTICLE II,
SECTION 11 -33 OF THE CODE OF THE CITY OF SEAL BEACH, ADDING A
REDUCED SENIOR CITIZEN DISCOUNTED BUSINESS LICENSE FEE
SCHEDULE." By unanimous consent, full reading of Ordinance
Number 1435 was waived.
Mr. Gordon Shanks, Surf Place, said to some degree he
understands what is trying to be done, it appears to be
designed specifically for Leisure World, traditionally he has
opposed such things that apply to only a segment of the
population, and inquired if this will apply to those outside
of Leisure World as well, to which Councilman Doane read the
criteria, and confirmed this is not exclusive to Leisure
World. Mr. Shanks confirmed his opposition in that he felt
it is bad policy to establish provisions for certain small
groups of people, noted that there are many home businesses -
going on throughout the City, possibly new business license
categories should be created, and to say someone sixty -two
can not do what someone sixty -five can do is poor. Ms. Sue
Corbin, Seal Beach, stated that under federal law a license
can not be granted for an illegal act, dressmaking in ones
home is an example, local Code does not allow manufacturing,
and claimed there are many illegal businesses in the City,
nothing is done about it. It was clarified that the City has
not issued a business license for an illegal act, and
suggested if there is knowledge of illegal businesses the
City should be notified. Councilman Boyd spoke favorably of
this provision, provided that each license application is
checked for complete compliance with the Code, no license
will be issued for any business that does not conform. A
member of the audience agreed that anyone who operates a
cottage industry in Leisure World should have a City business
license, the services are not illegal, this is supplemental
income, the News is also correct to not allow advertising
without a license, and the City may realize a little revenue
as well. It was again clarified that this is applicable to
yone sixty -five years or over.
10 -26 -98
CL AYES: Boyd, Brown, Campbell, Doane, Yost
NOES: None Motion carried
DOG RUN - TEMPORARY FENCE
The City Manager reported this is a request for authorization
to construct a temporary fence for a dog run at the Seal
Beach Animal Care Center. It is noted that this property is
owned by the City and is on the edge of the future secondary
entrance to the Hellman Ranch golf clubhouse. Yost moved,
second by Boyd, to approve the request as presented.
AYES: Boyd, Brown, Campbell, Doane, Yost
NOES: None Motion carried
Ms. Annelle Aviani expressed appreciation on behalf of the
Friends of the Animal Care Center for the loan of land to
accommodate a small dog park, thanks also to the many people
who donated towards this memorial, the dog park was very dear
to volunteers Chet Silver and Jay Ingerle, it is wished they
could be here to personally thank the Council, and confirmed
that the park will be named in honor of Chet, Jay, and Chet's
son. Ms. Ingerly thanked all as well, now the dogs can run
and they will be much better for adoption.
PUBLIC HEARING / RESOLUTION NUMBER 4657 - HOUSING /COMMUNITY
DEVELOPMENT PROGRAM - YEAR 1999/2000 (YEAR 25)
Mayor Brown declared the public hearing open to consider .
Housing /Community Development Block Grant projects for Year
1999/2000. The City Clerk certified that notice of the
public hearing had been advertised as required by law, and
reported no communications received relating to this item. .
The Director of Development Services presented the staff
report, explained that the Council appointed Citizens
Participation Committee met last week and recommended
projects for Year 25 funding consideration, the same projects
approved and submitted last year that did not receive
funding, Seal Beach Boulevard Reconstruction Project and
Youth Aftercare. He noted that the deadline for submittal
was this past Friday, the application has been filed, however
the County has agreed to accept the Resolution tomorrow.
There being no public comments, Mayor Brown declared the
public hearing closed.
Councilman Boyd pointed out that this H /CD money is
designated for Seal Beach Boulevard improvements, and '
reported having written a letter to each County Supervisor
requesting their support, and requested that a letter from
the Council, signed by Mayor Brown, also be forwarded.
Doane moved, second by Boyd, to adopt Resolution Number 4657
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN
THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY
OF ORANGE (YEAR XXV).' By unanimous consent, full reading of
Resolution Number 4657 was waived.
AYES: Boyd, Brown, Campbell, Doane, Yost
NOES: None Motion carried
CITY MANAGER REPORTS
In response to a request at last meeting, the City Manager
reported the preliminary cost estimate to remove and replace
the wall along Lampson Avenue near College Park East is about
$75,000, $25,000 for the northerly portion adjacent to the
golf course, $50,000 near the WestEd building, this an
Senior Business License/Operating Procedures
City Council Staff Report
March 22, 2004
ATTACHMENT 9
CITY COUNCIL STAFF REPORT -
PROPOSED CITY BUSINESS LICENSE
SENIOR CITIZEN REDUCED RATE FEE,
DATED OCTOBER 20, 1998
Senior Business Provisions.CC Staff Report.03 -22 -04 12
October 20, 1998 " a
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Elizabeth Stoddard, Director of Administrative Services
SUBJECT: PROPOSED CITY BUSINESS LICENSE SENIOR
CITIZEN REDUCED RATE FEE
SUMMARY OF REQUEST:
Authorize staff to proceed with amending Ordinance 1276 Chapter 11, Article II, Section
11 -33 to reflect the proposed change in the fee schedule for senior citizens engaged in
part-time "cottage industries" to a reduced fee of $50.00 per year.
DISCUSSION:
At the suggestion of Council Member Doane and direction from the City Council, staff
was instructed to investigate the possibility of offering a reduced senior citizen business
license fee for part-time licensees engaging in "cottage industries ". A cottage industry in
defined as those part-time activities, such as arts and craft sellers, dressmaking, clothing
alternations, music lessons, home care and other types of "home occupations" that are not
the principal source of income.
Staff used the Internet email service through the California Society of Municipal Finance
Officers to obtain a survey of cities. Four of the fifteen cities that responded provided
solutions that have been modified to best fit the needs of Seal Beach and its senior
community.
Staff recommends the following amendment to Ordinance 1276, Chapter 11, Article II,
and Section 11-33:
Home occupations such as arts and craft sellers, dressmaking, music lessons, home
care and other "cottage industries" for those persons 65 and over engaging such
part time occupations as long as income does not exceed $5,000 per year shall pay
a flat a rate of $50.00 per year. The licensee must annually submit a copy of the
most recent tax return to substantiate business income of less than $5,000.
Agenda Item 0
Reduced Senior Citizen Business License Rates
October 20, 1998
Page 2 -
FISCAL IMPACT:
Indeterminate, however, it is anticipated a small increase in revenue would be associated
with licensing "cottage industries" not previously licensed.
RECOMMENDATION:
Authorize staff to proceed with the proposed amendment to Ordinance 1276 establishing
rates for senior citizens 65 and over who engage in part-time "cottage industries ".
%...- - - /a-A . ic,i L ? atncizt,,,c.
Elizabe toddard
Directo of Administrative Services
NOTED AND APPROVED:
iZA:-Z
_ - Keith R. Till
City Manager