HomeMy WebLinkAboutCC Min 2004-07-12
6-28-04 I 7-12-04
outreach to the food service establishments (FSE) which will
include posters, a training video along with a Best
Management Practices (BMP) manual on FOG instructing them to
educate their employees, and a requirement for the
installation of a grease interceptor for new restaurants or
those restaurants that have building permit valuations of
over $50,000. He mentioned that after the second reading and
adoption of the Ordinance a FOG Program Control Manual the
remainder of the program will be developed to meet the
regional deadline of December, 2004.
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AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None Motion carried
BUSINESS LICENSE REPORT - CONTINUED TO JULY 12. 2004 MEETING
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 July 12th, 2004 at 6:30 p.m. to
meet in Closed Session if deemed necessary. By unanimous
consent, the meeting was adjourned at 10:40 p.m.
it Clerk and ex-officio clerk
of the City of Seal Beach
Approved:
~,
~~ [){fYlI/f"
C~ty C er
I
Attest:
Seal Beach, California
July 12, 2004
The City Council of the City of Seal Beach and the
Redevelopment Agency met in a joint regular adjourned
and special meeting called for at 6:30p.m. with Mayor
calling the meeting to order.
session
Yost
"~ALL AND NOTI~F OF A SPF~IAL MFFTING
OF THE SEAL BEACH REDEVELOPMENT AGENCY
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TO MEMBERS OF THE BOARD OF DIRECTORS OF THE SEAL BEACH
REDEVELOPMENT AGENCY:
Charles Antos, 136 - 14th Street #A, Seal Beach
John Larson, 13741 Annandale Drive #18G, Seal Beach
Michael Levitt, 1320 Knollwood Road #42F, Seal Beach
Ray Ybaben, 4373 Hazelnut Avenue, Seal Beach
Paul Yost, 485 Schooner Way, Seal Beach
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7-12-04
YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of
the California Government Code, Chairman Charles Antos hereby
calls a special meeting of the Seal Beach Redevelopment
Agency to be convened in the City Council Conference Room,
Seal Beach City Hall, 211 - 8~ Street, Seal Beach,
California, 90740 on Monday, July 12, 2004 at 6:30 p.m. for
the purpose of discussing the following item:
1.
A Closed Session pursuant to Government Code Section
54956.8 to have a conference regarding real property
negotiations concerning the property located at 1198
Pacific Coast Highway and to take any and all actions
relating thereto.
Please note that members of the public will be provided an
opportunity to directly address the Board concerning any item
described herein before or during consideration of that item.
DATED THIS 6th day of July, 2004.
(siqned)
Charles Antos, Chairman
Seal Beach Redevelopment Agency
by
(siqned)
Linda Devine, City Clerk
City of Seal Beach"
ROLL CALL
Present:
Mayor Yost
Councilmembers Antos, Larson, Levitt, Ybaben
None
Absent:
Also present: Mr. Bahorski, City Manager/Executive
Director
Mr. Barrow, City Attorney/Agency Counsel
Mrs. Devine, City Clerk/Secretary
The City Attorney advised that this would be the time for
members of the public to address the Council on any item on
the agenda. There were no public comments.
CLOSED SESSION
The City Attorney announced that pursuant to Government Code
Sections 54956.8 and 54956.9 (C) the Council and
Redevelopment Agency would meet in Close Session to confer
with the City's Real Property Negotiator relating to property
located at 1198 Pacific Coast Highway and confer with legal
counsel with regard to a case of anticipated litigation.
By unanimous consent the Council and Redevelopment Agency
adjourned to Closed Session at 6:31 p.m. and reconvened at
6:58 p.m. with Mayor Yost calling the meeting to order.
Agency Counsel reported that the Redevelopment Agency
ratified the hiring of John Ellis and Associates to update
the appraisal of the Zoeter property, no other reportable
action was taken, the City Attorney also reported that the
City Council gave direction to legal counsel, no other
reportable action was taken.
7-12-04
ADJOURNMENT
Ybaben moved, second by Antos, to adjourn the joint meeting
of the City Council and the Redevelopment Agency at 7:00 p.m.
AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None Motion carried
~~ J)f-1l1(hl
C~ty Clerk and ex-officio clerk
of the City of Seal Beach
1-
Approved:
~Yor
d)~ ~j~,
C~ty C erk
Attest:
Seal Beach, California
July 12, 2004
The City Council of the City of Seal Beach met in regular
session at 7:04 p.m. with Mayor Yost calling the meeting to
order with Salute to the Flag.
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ROLL CALL
Present:
Mayor Yost
Councilmembers Antos, Larson, Levitt, Ybaben
None
Absent:
Also present: Mr. Bahorski, City Manager
Mr. Barrow, City Attorney
Mr. Whittenberg, Director of Development
Services
Chief Sellers, Police Department
Mr. Vukojevic, Deputy City Engineer
Mr. Cummins, Associate Planner
Ms. Yotsuya, Assistant City Manager
Mrs. Devine, City Clerk
APPROVAL OF AGENDA
Mayor Yost announced that after the posting of the agenda a
Resolution was received to honor Myldred E. Jones, founder of
the Casa Youth Shelter, this proposed to be added to the
Consent Calendar .as Item "G-l" requiring a four-fifths vote. I~
Larson moved, second by Antos, to include the Resolution on
the Consent Calendar.
AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None Motion carried
Councilman Ybaben requested that Item "D" be removed from the
consent calendar for separate consideration and Mayor Yost
requested that Item "G" be removed.
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7-12-04
Antos moved, second by Ybaben, to approve the order of the
agenda as revised.
AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None Motion carried
PRESENTATIONS/PROCLAMATIONS
There were no Presentations or Proclamations.
ORAL COMMUNICATION
Mayor Yost declared Oral Communication to be open. Mr. Bob
Giardini, 7th Street, stated that all churches in Seal Beach
should have the same parking privileges as Grace Community
Church, they should not receive free guest passes, and since
the City has a parking problem possibly the Church could pave
their front lawn for parking. Mr. Bill Ayres, Seal Beach,
stated the main duty of the City Manager is to secure
financial stability for the City and he has done that, the
City does not need to look for a new City Manager, instead,
keep that money and use it for repairs. Mr. Ayres said that
if the Church gets parking passes then all the other
businesses should get them, there is still a need to improve
the parking in the City. Mr. Charles Griffin, Newport Beach,
spoke about air transportation and the impact of the flights
from Long Beach Airport, there should be an alternative
option. Mr. Griffin stated a recent news article addressed
the growth of the aviation market in Orange County and that
Boeing will be building more efficient airplanes. He asked
that Seal Beach, as a small city, put a referendum on the
ballot to promote El Toro as a major airport. Mr. Marc
Loopesko, 7th Street, said he wanted to echo the comments of
the previous speaker with regard to the Grace Community
Church agreement, the residents of the area have to deal with
a parking nightmare, the church is only part of the problem,
there does not seem to be parking enforcement on Sundays in
the residential area and the police need to enforce the one
hour parking. Mr. Giovanni Chiarelle, operation manager,
American Medical Response of Orange County, the ambulance
provider for Seal Beach, said as part of the contract there
will be a station located in the City, currently looking at
Leisure World, they will have two 24-hour units dedicated to
911 responses in the City and a full compliment of back-up
resources. Mr. Chiarelle added that he is looking forward to
working with the City of Seal Beach. Ms. Joyce Parque, Seal
Beach, asked the Council to review all the bills paid in all
departments, she still has not received the attorney billings
she asked for about six months ago. Ms. parque expressed her
concern with regard to what is being billed by the attorney
firm and the contracts that were drawn up by that firm. She
expressed concern over the police study, asked what areas are
the police calls going, why was there not a choice to
contract with the Sheriff's Department, and last, why no one
was notified about the 10,000 pound microwave dish being
installed on top of the donut shop on Marina Drive. Dr.
David Rosenman, Seal Beach, agreed with the prior speaker
about the parking problem, it is not a good idea to subsidize
one church and not others, or even do it at all. The other
issue is the lack of a detailed Disaster Plan and disaster
coordinator, stated there is a need to have a Plan in place,
and the Naval Weapons Station said there has not been a full-
scale disaster drill involving the City in over seven years.
Mr. John Grant, Central Avenue, has attended the Grace
Community Church since 1979, enjoys walking to church on
Sundays, the church brings benefits to the City, patronizing
the restaurants and providing youth activities. Mr. Brian
7-12-04
Morgan, Grace Community Church Administrator, said he wished
to clear up some misunderstandings, the Church has paid for
the guest passes, uses the parking lot on Sundays from 8:00
a.m. to 1:00 p.m., and will pay for other passes to be used
during the week. Mr. Lee Melody, 15th Street, also attends
Grace Community Church, said the Church has been here for
over sixty years, has never asked for anything, never
expected anything for free, they are not asking for special
treatment just to continue the ongoing program, the City
parking issue is no reason for a change in the use of the
parking lot by the Church. Mr. Michael Parker, new editor
for the Sun newspaper, introduced himself and informed the
Council that he is here to work with the City and help
communicate any issue to the community via the paper. There
being no other speakers, Mayor Yost declared Oral
Communications closed.
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CITY ATTORNEY REPORT
No report was presented.
CITY MANAGER REPORT
The City Manager made reference to concerns relating to
contracts, explained that the Rodi group was never in
default, Gemtel was in default, the Ruby's Restaurant
situation is not the fault of Ruby's, however the Coastal
Commission has taken over looking at the building, the
Covenant is a document on file, along with an exhaustive
research paper on the Trailer Park, pointed out that the City
Attorney did not write the Covenant, and that the refuse rate
will be covered at the August meeting.
COUNCIL COMMENTS
Councilman Ybaben reported having done some investigation
with regard to the increased air traffic over College Park
East, discovered that the main runway of the Long Beach
Airport is undergoing a year-long rehabilitation, most of the
work is being done at night and daylight hours for six
Saturdays, forcing the Airport to utilize another runway,
this will continue until September 11th. Councilman Larson
said this is about the only Council that provides
Councilmember home phone numbers on their business cards, the
Council can also be reached by email, and added that there
are more people that attend Grace Community Church than eat
at the Parasol restaurant. Mayor Yost stated a resident, Dr.
Goldberg, has brought to attention that the City has signage
for just about everything except "No Littering", and asked
staff to look into posting such signs.
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COUNCIL ITEMS
Ybaben moved, second by Antos, to reappoint Mr. Bruce
Fitzpatrick as the District Four appointee to the
Archeological Advisory Committee for the term of one year.
AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None Motion carried
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CONSENT CALENDAR - ITEMS "B" thru "G-l"
Antos moved, second by Larson, to approve the recommended
action for items on the Consent Calendar as presented, except
Items "D" and "G", removed for separate consideration.
B. Approved the waiver of reading in full of all
resolutions and ordinances and that consent to the
waiver of reading shall be deemed to be given by
all Councilmembers after the reading of the title
C.
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E.
F.
G-l.
AYES:
NOES:
7-12-04
unless specific request is made at that time for
the reading of such resolutions and ordinances.
Approved regular demands numbered 46905 through
47081 in the amount of $1,857,823.36, ADP payroll
demands numbered 11077810 through 11077924 in the
amount of $199,264.12, and authorized warrants to
be drawn on the Treasury for same.
Approved the sale of surplus property at auction,
1989 Ford Stake Bed Truck, 1985 Dodge I-Ton Truck,
and 1971 International Flatbed Truck.
Adopted Resolution Number 5255 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA ADOPTING AND FILING THE ANNUAL
STATEMENT OF INVESTMENT POLICY AND GUIDELINES FOR
THE FISCAL YEAR 2004/2005". By unanimous consent,
full reading of Resolution Number 5255 was waived.
Adopted Resolution Number 5260 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA HONORING AND PAYING TRIBUTE TO
MYLDRED E. JONES, PH.D., LCDR, USN-RETIRED, AN
OUTSTANDING HUMANITARIAN". By unanimous consent,
full reading of Resolution Number 5260 was waived.
Antos, Larson, Levitt, Ybaben, Yost
None Motion Carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
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ITEM "D" - RESOLUTION NUMBER 5254 - COMMUNITY FACILITIES
DISTRICT NO. 2002-02 (SEAL BEACH BOULEVARD/LAMPSON AVENUE
LANDSCAPE MAINTENANCE DISTRICT) ANNUAL SPECIAL TAX FOR FISCAL
YEAR 2004/2005
Councilman Ybaben requested clarification as to who is
affected and what area is covered. The City Manager
explained that the Community Facilities District was formed
as a result of the Bixby development, the tax applies to the
commercial development not residents, and the District
assesses them for the landscaping along Lampson Avenue and
Seal Beach Boulevard. The Deputy City Engineer explained
that the landscaping does not include the area adjacent to
the golf course, it ends at the end of the Sunrise facility
on the south side, the map shows all properties in the area
not necessarily the landscaped area, details of the
landscaping is described in the Resolution. Ybaben moved,
second by Antos, to approve Resolution Number 5254 entitled
"A RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES
DISTRICT NO. 2002-02 ESTABLISHING ANNUAL SPECIAL TAX FOR
FISCAL YEAR 2004/2005." By unanimous consent, full reading
of Resolution Number 5254 was waived.
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AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None Motion carried
ITEM "G" - GRACE COMMUNITY CHURCH PARKING AGREEMENT
7/2004 - 6/2005
The City Manager reported that since the posting of the
agenda and the last Council meeting staff has worked with the
Church and has amended the agreement as to the use of guest
passes, explained the City has three categories of passes,
this agreement falls under the category of guest passes. The
Manager read the language change to Section 9, "the CHURCH
7-12-04
shall pay to the CITY $140 for ten (10) guest permits for use
by Church-designated visitors on a Monday through Sunday
basis. The permits may also be used in the Eighth Street
municipal parking lot only on Saturday and Sunday of each
week", and explained that this is a one-year agreement with
Grace Community Church that has been on going for many years,
there are still some City parking concerns that need to be
addressed. Councilman Ybaben questioned the need for a
special agreement since the City has a fee schedule that
outlines costs and rates for services. The City Manager
noted that the agreement with the Church began in 1995 and
has been ongoing. Councilman Antos said the issue of non-
enforcement of the one-hour parking on Sundays needs to be
addressed by the Police Department. To that Chief Sellers
explained that there is a surge of parking during the hours
of 9:00 a.m. to 12:00 noon, the Department tries to be as
compassionate as possible because not all churches have the
same hours of services, they try to keep in perspective the
spirit of the law in regard to enforcement, there has also
been a lack of staffing however there will be a recruitment
for new officers with the hiring freeze lifted. Councilman
Larson commented that he had thought the parking committee
was formed to deal with the parking meters, that issue has
been concluded, yet the committee should continue if there is
a need to look at other parking issues, otherwise the parking
committee should be abolished. Councilman Larson agreed with
the Chief this is not only a problem in this City but in all
cities, he attends a church in Long Beach and they have
limited parking, you may not be able to park where you want
but on the other hand the youth are enjoying activities that
the church provides. He said the Council wants to work with
the Church, the Church wants to work with the community, and
the community wants to work with the City, the City of Los
Alamitos handled their church issue poorly, Seal Beach can do
much better. Mayor Yost suggested that the Church hold a
meeting with the residents of the community before the next
round of agreements. Larson moved, second by Levitt, to
approve the renewal of the one-year parking agreement between
Grace Community Church and the City of Seal Beach for the
period of July 1, 2004 through June 30, 2005.
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AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None Motion carried
CANCELLATION - COUNCIL MEETING - JULY 26
Larson moved, second by Ybaben, to cancel the July 26, 2004
City Council meeting as not all of the Council will be
available.
AYES:
NOES:
Antos, Larson, Levitt, Ybaben, Yost
None Motion carried
Councilman Antos requested he would like to reopen
negotiations with the Police Association regarding a
different retirement schedule for new hires prior to June,
2005.
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Mayor Yost requested an up-date of the Disaster Plan for a
future agenda. The City should review the Plan periodically
since the Naval weapons Station and the Port of Long Beach
are so close to the City.
CLOSED SESSION
No closed session was held.
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7-12-04 / 7-15-04
ADJOURNMENT
Mayor Yost announced that Mr. Cummins, Associate Planner, is
moving to Arizona and he would like to adjourn the meeting in
his honor to say thank you for his excellent service to the
City.
It was the order of the Chair, with consent of the Council,
to adjourn the meeting until August 9th, 2004 at 6:30 p.m. to
meet in Closed Session if deemed necessary. By unanimous
consent, the meeting was adjourned at 8:00 p.m.
A iJd;{ M/)wJU
cl~tlerk and ~x-6fficio clerk
of the City of Seal Beach
Approved:
tJ(
Mayor
Attest:
~{J
. '/J1hJ I
City C erk
Seal Beach, California
July 15, 2004
The City Council of the City of Seal Beach met in regular
adjourned session at 1:14 p.m. with Mayor Yost calling the
meeting to order.
ROLL CALL
Present:
Mayor Yost
Councilmembers Antos, Larson, Levitt, Ybaben
None
Absent:
Also present: Mr. Bahorski, City Manager
Mr. Barrow, City Attorney
Mrs. Devine, City Clerk
PUBLIC COMMENTS
Mayor Yost declared Public Comments open. Ms. Reva Olson,
Seal Beach, inquired about why the jail is not making money,
asked if the City has an up-to-date emergency plan, and would
still like information about the in-lieu parking. The City
Manager responded that the Finance Director would respond to
her regarding the finance questions, the City Attorney noted
in the Main Street Specific Plan the in-lieu parking program
started in 1998 and it is in compliance with the law, and
Mayor Yost said that emergency plan would be reviewed. Mayor
Yost declared Public Comments closed.
COUNCIL ITEM
The City Manager introduced Dr. Richard Garcia, RJA