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Home My WebLink AboutCC AG PKT 2007-04-09 #E AGENDA REPORT e DA.11E: A.pril 9, 2007 TO: Honorable Mayor and City Council THRU: Greg Beaubien, Interim City Manager FROM: Linda Devine, City Clerk SUBJECT: APPROV A.L OF CITY COUNCIL MINUTES SUMMA.RY OF REQUEST: A.pprove minutes for City Council adjourned and regular meeting held on March 26, 2007. BA.CKGROUND: None e FINA.NCIA.L IMPA.CT: None RECOMMENDA.TION: A.pprove minutes for City Council adjourned and regular meeting held on March 26, 2007 ~/~ ~( Lin Devme, City Clerk N011E]) A.N]) A.PPROVEI>: e A.ttachments: Minutes Agenda Item E e Seal Beach, California March 26, 2007 The City Council of the City of Seal Beach met in adjourned session at 5:30 p.m. with Mayor Larson calling !he meeting to order In the City Hall Conference Room. ROLL CALL Present: Mayor Larson Council members Antos, Levitt, Shanks, Ybaben Also present: Mr. Beaubien, Interim City Manager Mr. Barrow, City Attorney Chief Kirkpatrick, Police Department Mr. Evanoff, Director of Administrative Services Mrs. Devine, City Clerk Mayor Larson stated that this would be the time for members of the public to comment on the item Identified on the agenda, there were no speakers. Mayor Larson announced that pursuant to the Brown Act the Council would meet In closed session with regards to City Manager search according to Government Code Sections 54957 and to confer with legal counsel pursuant to Government Code Section 54956.9{b){1) . pending litigation - 2 cases. CLOSED SESSION The Council recessed to Closed Session at 6:31 p.m. e ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 7:01 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk e Page 2 - City Council 03-26-07 e Seal Beach, California March 26, 2007 The City Council of the City of Seal Beach met at 7:08 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Councilmembers Antos, Levitt, Shanks, Ybaben Mr. Beaubien, Interim City Manager Mr. Barrow, City Attomey Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public WorkslCity Manager Chief Kirkpatrick, Police Department Mr. Crumby, Deputy City Engineer Mrs. Devine, City Clerk APPROVAL OF AGENDA Request for items to be removed from Consent Calendar for separate consideration: Councilman Ybaben requested item "I' and Councilman Antos requested item "J', Antos moved, second by Ybaben to approve the agenda as amended. Also present: AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried e ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open, Speakers: Mr. Mike Buhbe, Central Way and Seal Beach for 2 stories, repeated his comments regarding the joint study session on the review of the Preliminary Draft of the Zoning and Subdivision Codes. Ms. Joyce Parque, Seal Beach, commented that the residents in the City need to participate In the review of Zoning and SubcfMslon Codes and include there comments during this process. Ms. Schelly Sustarsic, College Park East, spoke on Item 'I' - reject bids for Bluebell Park project, requested that the Council form a citizens committee to discuss what changes should be made to stay within the Council approved budgeted amount for the project. Ms. Mary lewis, Old Town and Save Our Seal Beach, agreed with the idea of letting the residents decide what they need for the park; asked the Council to oulline the rules for the next study session; and did not feel that the residents were given the appropriate opportunity to express all their concerns during the joint study sessions, There were no other speakers; Mayor Larson declared Oral Communications closed. e CITY ATTORNEY REPORT The City Attorney reported that the City Council met in Closed Session to discuss the items on ths agenda and gave direction to their negotiator, The Mills Group, regarding Item 'A' - Public Employment of the City Manager (Govemment Code Section 54957) and gave direction to the City Attomey regarding Item "B" - pending litigation - 2 cases (Government Code Section 54956.9(b)(1), CITY MANAGER REPORT The City Manager announced that the 5K110K Run would be March 31 st and some of the streets in Old Town will be closed from 7:30 a.m. to about 9:00 a,m. for the event; congratulated OffIcer Mary Martinez on receiving the Award of Merit from the American Legion for saving a life; and stated that the retail store, Circuit City has submitted their concept for plan check for the Rossmoor Center. COUNCIL COMMENTS Councilman Shanks stated that the joint study sessions were more of a presentation session, the Information was not the final document, and there are Page - 3 City Council 03-26-07 e several more meetings belore Council makes their linal approval to the changes in the Zoning and Subdivision Codes. Councilman Levitt introduced Ms. Saundra Massa-Lavitt, whose approval to be the District 5 representative on the Planning Commission Is on the consent calendar, indicating she Is a very experienced and qualified candidate. Mayor Larson stated that the regular cameraman for SBTV- 3 was not present due to the passing of his mother. COUNCIL ITEM There were no items. CONSENT CALENDAR - ITEMS "A' thru 'L' Shanks moved, second by Antos, to remove items "I" and "J" lor separate consideration; and approve the recommended action lor the remainder of the items on the Consent Calendar as presented. A, Approved the waiver of reading in full 01 all resolutions and ordinances. B. Approved the minutes of the special adjoumed and regular City Council meeting held on March 12, 2007. C, Approved regular demands numbered 63147 through 63355 in the amount of $1,759,728.09; payroll demands numbered 63225 through 63266 In the amount 01 $193,902.95; and authorized warrants to be drawn on the Treasury for same. D. Received and filed the Monthly Investment Report of February 2007. e E. Approved the appointment 01 Saundra Massa-Lavitt to the Planning Commission as the District Five representative - term expires 2010. F. Proclaimed May 1, 2007 as "Paint Your Town Purple Day" - American Cancer Society's Relay lor Ule statewide campaign. G. Adopted Resolu1ion Number 5536 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED FOR PROJECT NO. 50218 OCEAN AVENUE STREET IMPROVEMENTS." H. Bids were received until February 28, 2007 at 10:00 a.m. lor the Gum Grove Park Expansion Area, Project No. 50213, at which time they were publicly opened by the City Clerk as follows: Comoanv: C.S. Legacy Construction, Inc. Green Giant Landscape, Inc, Bennett Landscape MG Enterprlzes Bid Amount $130,505.35 $159,000.00 $143,270.30 $123,905.05 e I. J. Adopted Resolution Number 5537 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR GUM GROVE PARK EXPANSION AREA, PROJECT NO. 50213." Awarding to the lowest responsible bidder, MG Enterorizes In the amount of $123,905.05 and authorized the City Manager to execute the contract on behall of the City. Removed lor separate consideration - Ybaben, Removed for separate consideretion - Antos Page 4 - City Council 03-26-07 e Adopted Resolution Number 5538 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENT NO.4' TO THE AGREEMENT BETWEEN CITY OF SEAL BEACH AND PINNACLE PETROLEUM, INC." (extend to December 31, 2007) l. Adopted REisolution Number 5539 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND VERIZON SELECT SERVICES, INC, FOR PURCHASE OF HARDWARE/SOFTWARE AND ANNUAL MAINTENANCE FOR TELEPHONE AND DATA SERVICES." K. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried e ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "'" / BLUEBELL PARK PROJECT #50206/ REJECT ALL BIDS Councilman Ybaben asked for clarification as to why several of the public works projects are going over budget and the increase In bid rejections because all the bids are over the budgeted amount, is this becoming a chronic problem. The Director of Public Works stated that one reason is that the projects are budgeted two to three years before it goes out to bid, another reason is because of the increase cost In, supplies and materials, or because there are significant changes to the scope of the projects which require more money. The Director Indicated that since the bids for Bluebell Park were over the budgeted amount the oplions are to go back and scale back the design for the park to m within the budget or to increase the budget Councilman Ybaben stated that he is more concerned aboul the process - The Director response: the malerlal costs are increasing faster than can be estimated by the CPI index chart and there are fewer contractors bidding. In response to Councilman Ybaben's question on the upcoming two year budget and If he has a plan to build in a process 10 avoid this on going problem: the Interim City Manager said that Council could consider in the future getting an up to date engineer's estimate and make the adjustments 10 the project accordingly before going out to bid. It Is impossible to be exact because there are a lot of variables to consider and that the budget is a moving document. Councilman Ybaben expressed that using the concept of reviewing the project before going out to bid the Bluebell Park project would have been in the range If they took Into consideration the cost increases since the budgeted amount was adopted. Mayor Larson indicated that the City is not large enough to attract large contractors and the review concept Is worth considering. Ybaben moved, second by Antos, to reject all bids for the Bluebell Park Improvements, Project No. 50206 per staff recommendation and authorize staff to make changes to the design and re-advertisa the project and bid opening. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried e ITEM "J" / CITY'S CABLE FRANCHISE COMPLIANCE ISSUES / TIME WARNER CABLE Councilman Antos asked to have this item placed on the agenda because of the increase number of complaints from the City residents over the poor service and reception from Time Warner Cable. Councilman Antos requested that the City Allomey review the franchise agreement and report what if anything the City can do to get Time Warner to improve the service to the City residents, such as impose fines. Mayor Larson indicated thai the Council did hire a consultant before the change in cable provider and was told at that time that there was nothing the City can do because the State legislators took any and all authority away from the CIties to regulate the franchise, Councilman Ybaben inquired what the cost would be to have the City Attorney review the franchise and, provide a report to Council . response: the City Allomey said that he would Page - 5 City Council 03-26-07 e inform the Council before the cost exceeds their retainer fees. Councilman Levitt stated that there will be more competition for Time Wamer with other companies offering alternative services and choices 10 the residents. Antos moved, second by Larson, 10 direct the City AlIorney 10 review and report on the City's cable franchise compliance Issues. AYES: NOES: Anlos, Lerson, Levitt, Shanks, Ybaben None Motion carried PUBLIC HEARING There were none scheduled at this time. ADJOURNMENT It was the order of the Chair, with consent of the Council, 10 adjourn the City Council meeting to Wednesday, April 4th, 2007, closed session at 5:00 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk e THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: e