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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. I' 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 I 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 -I I I 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. I' 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. I I I 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. I 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. I 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 I 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. I 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 I 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. I 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. I I 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. I 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. I I I 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