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HomeMy WebLinkAboutCC Min 2003-04-28 4-14-03 / 4-28-03 conference. Antos moved, second by Larson, to excuse the absence of Councilman Yost from the next meeting. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I 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 Monday, April 28th at 5:00 p.m. to conduct a Council workshop and meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9:13 p.m. & Clerk and ex-offi 0 the City of Seal Beach Approved: ~~~~ Mayor Attest: I Seal Beach, California April 28, 2003 The City Council of the City of Seal Beach met in regular adjourned session at 5:45 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Councilmembers Antos, Doane Absent: Councilmembers Campbell and Yost councilmember Campbell arrived at 5:50 p.m. The absence of Councilman Yost from this meeting was excused by action of the Council on April 14, 2003. I Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Danes, Director of Public Works/City Engineer Mr. Vukojevic, Deputy City Engineer Ms. Arends-King, Director of Administrative Services I' Ms. Yeo, City Clerk I I I 4-28-03 WORKSHOP - WATER RATE STUDY The Director of Public Works commenced a presentation of the Water Rate Study, noted that the study has been in progress for the past two years, the water utility has been operating at a deficit in both operations and maintenance as well as capital funds given the need to upgrade the infrastructure. * The Director noted that the service area is approximately 7,400 acres and serves a population of just under 30,000 people, the entire corporate boundary of Seal Beach is served by the City utility except for a small portion west of Seal Beach Boulevard which is served by Southern California Water consistent with the Rossmoor Shopping Center; * The replacement value of the operating system is estimated at $100 million, there is an approximate seventy.. miles of pipe ranging from 6 to 8 inches in diameter, there are three separate well sites, two booster pump stations, one imported water connection where water is received from the Metropolitan Water District, there are two reservoirs, over six hundred fire hydrants, over twelve hundred valves; * With regard to imported water, the connection is actually located in the City of Westminster, a shared connection with other agencies, the City's maximum flow is two and a half million gallons per day, the City also works with the West Orange County Water Board in addition to paying the MWD cost of water, the City also pays based upon a technical capacity charge for what could be taken from the feeder line; * Councilmember Campbell made reference to the water obtained from the Metropolitan Water District and inquired if that is imported from the Colorado River, and how much water is from well water - the response was that it used to be that seventy-five percent was from the ground and twenty-five percent from MWD, that has now changed and is sixty-six percent of water from the ground and thirty-four percent from MWD - question was also asked if there are any particular areas of the City that gets one source over the other, she had once been of the belief that College Park East received only Colorado River water, the remainder of the City received well water - the response was that when the City goes to MWD it is full service and the wells are shut down; * There are three wells, range in age from twenty-five to forty years old; * There are two booster pump stations, they provi.de for adequate pressure in the system; * There are two reservoirs, one is on City property however basically surrounded by the Navy base, it is used to regulate the imported water supply connection and to supply water to the Navy booster station for pressure, the second reservoir can be seen from the .Freeway, is partially under ground, stores about four million gallons, it stores the ground water pumped from the Leisure World and 4-28-03 Beverly Manor wells, also supplies water to the Beverly Manor booster station, the two reservoirs store somewhat less than seven million gallons; * with regard to transmission and distribution, there is nearly seventy miles of pipe consisting of various types of material, some have been replaced, cast iron is being replaced with PVC, there are transmission lines that are prone to breaks that are spiral steel coated lines; I * There are less than five thousand meters, the majority are in Old Town and College Park East, there is also a small number of commercial meters, about two hundred eighty-five; * There exists a Water Master Plan, the entire system was modeled, there are a little more than $13.5 million of projects, an example of some projects would be a well north of the 405 Freeway adjacent to college Park East at the golf course, the word 'SCADA' is a remote access system to control the pumps as well as the controls at those different stations, it is proposed to do some reservoir protection upgrades, some electrical upgrades that are needed, engine replacements, transmission line replacements, and as part of the asset management system the GIS information is being used; * with regard to the age of the system, it was noted that most of the system goes back to the 1950's, there is mercury switch technology of some of the controls, it is desired to upgrade many of the facilities that are beyond their useful life, some upgrades are necessary to keep the system working. I Mr. Zeki Kayran, AKM Consulting, was introduced and commenced the rate study phase of the water study. * The water bill has two components, one is the commodity charge for the quantity of water used by each customer, the other is the standby or capital fund charge; * The commodity charge is to recover the cost of operating and maintaining the system, it pays for .the purchase of water needed, pays for the ground water from the Orange County Water District, for utilities, personnel, maintenance and billing, vehicles and equipment, also pays for compliance with regulations and obtaining permits; * The commodity rates are charged on each unit of water, each one hundred cubic feet or seven hundred fifty gallons, an average single family unit in Seal Beach uses twelve units per month, there is a tiered rate structure, first adopted in 1997, an example is if a customer uses zero to twelve units in a month they pay the lowest rate and the rates increase as to the amount of water used, the only thing that is allowed in the existing rate structure is an adjustment for the purchase of water, the rest of the rates have been unchanged since 1997; I I I I 4-28-03 * The standby fee is used for capital improvements, also established in 1997, it pays for improving the system, wells, reservoirs, water lines, booster stations, and engineering management; * In 1997 the standby charges were established by meter size, for a small size meter the charge is $7 per month for residential, $7.50 per month for non-residential, as the meter size increases so does the standby charge; * Approximately $600,000 is collected per year in standby fees, it can be seen that that is short of what is needed for capital improvements; * Water is obtained from two sources, approximately 4,200 acre feet is used per year, actually more than seventy-five percent was used for several years and there is an additional charge for portions above the seventy-five percent, the remainder was imported water through the connection with the Metropolitan Water District; * Recently because of the drop in Orange County ground water and potential for sea water intrusion into the groundwater basin, the Orange County Water District had to take some very strict measures, one of those was to reduce the amount of ground water that can be pumped by each agency therefore the amount dropped from seventy-five percent to sixty-six percent, that will likely remain in force for several years until the ground water levels recover and without the concern of a salt water intrusion, the effect of this on Seal Beach is about $200,000 per year based on the 4,200 acre feet of water use; * As can be seen, the revenues generated through commodity charges have averaged about $2 million, and in four out of the last five years that has been less than the expenditures of the water enterprise, the capital fund charge generates a little over $600,000 per year; * Why do the rates need to be changed - the existing commodity rates do not cover expenses, and have not, as shown on the chart.for the past four out of five years there was a significant shortage of revenue, the only adjustment made was for purchased water, other than that there has been no adjustment since 1997, had there been an adjustment for inflation the rates would have increased by about twenty percent at a three percent inflation rate or about fourteen percent at two percent; * There are more regulations that need to be complied with, there are increased operation and maintenance requirements, as new regulations are put into place more things need to be done, and the existing rates do not generate the revenue needed to operate the system and provide a reliable water supply for the City of Seal Beach; * The capital fund charges much less than the needed capital improvement projects, the system needs are not only capacity but also its condition, the rates were established upon a much smaller capital improvement 4-28-03 program which was based on some minor capacity improvements, that is why they are as low as they are, the system is old and as it approaches having exceeded its useful life it has to be replaced, otherwise making major repairs costs more money than replacing the system in a planned manner; * The existing rates for an average family is twenty units for a three-quarter or five-eighths meter, $20.60 per month, the recommendation is the rates shown on the table that starts with an almost thirty percent increase, then after the sixth year the City will basically be at the rate of inflation or lower, and although it shows more than a hundred percent increase in the six years in todays dollars that is a little less than the increase; I * Many agencies are increasing their water rates, there is awareness of several of these, La Habra as an example raised their water rates by thirty percent, they will have subsequent increases in the coming years, the Southern California Water Company plans an increase of their rates, they serve a portion of Seal Beach, and the company that does water surveys in the State of California, based upon their survey for 2003, the average water bill in California is $30.33, which is higher than the average bill in Seal Beach; * Reference was made to the graph showing the projected increases in rates based upon 2003 dollars; I * As to where the income goes, the largest portion is operation and maintenance expenses, about thirty- three percent, water purchases are about twenty- eight percent, the proposed capital improvements will cover about thirty-two percent, the utilities are about five percent, and capital outlay is two percent of the water bill; * There are many factors that affect the differences in rates between agencies, there is no precursor that covers all, social supplies are an important issue whether using ground water or imported water, there is about $200,000 difference between the seventy- five percent and the sixty-six percent, the shape of the service area, the geography and elevation is important, Seal Beach is flat, there are no elevated storage reservoirs, therefore the pumps need to be operated constantly to maintain pressure in the system, that is a cost that other agencies do not experience, the age of the system is important, Seal Beach has a system that has exceeded eighty years of age, how the water is metered is important, the manner of treatment; I * How are the improvements financed, pay as you go or debt financing, again elevations are important as that affects pumping requirements, this is mostly a built out City, the number of customers certainly has an impact on the rates and the necessary level of reserves; , There are several recommendations - that the coJncil adopt the Capital Improvement Program, the funding * 4-28-03 I alternatives as presented in the rate study report, and the change in water rates, also recommend that the fiscal budget policy include developing reserves, one hundred percent of the annual operation and maintenance expenses, also one hundred percent of the annual capital improvement budget within a ten year period, this could be accomplished within a shorter period with increased rates; * Also recommendation that the six year program shown on Tables 15 and 16 be adopted, that will assure that the Capital Improvement Program that is recommended will be implemented and that revenues cover the cost of operating and maintaining the system, recommendation also that the Resolution have an allowance to make additional changes if significant changes occur. The Public Works Director explained that the only action required at this time is to schedule a public hearing for either May 12th or a later date, offered to meet with any groups regarding the water rate issue, noted too the request to allow the rate increase over a five year period so at the end of that period the rates can be steadied so that they can be level and the City can be at a point they need to be with regard to covering both operations and capital expenditures for the long term. I Councilman Antos said he would assume that when the water rates are modified there will be some resolution, and expressed his concern with including some of the potential options where if something comes up the fees are automatically raised, his feeling is that fees should be raised if there is a significant failure in the system or increase of cost from a supplier, the public should have the right to be informed and express their opinion, he would not be comfortable having an automatic escalator. Councilmember Campbell said she does not have a concern with the escalator in that when water or sewer pipes go they must be repaired, there is no choice, if there is a delay in paying for that the only ones being fooled is yourself and the residents because one can pay now or pay considerably more later, the City would be well advised to set up a reserve account so that when there is such an occurrence there is not an excessive bill for repair, her feeling is that that would be a prudent way to approach such situations as far as the residents are concerned, she would concur with the recommendation. Councilman Antos countered that the revised resolution says it would allow for annual adjustments without going to the public for a significant increase in the water purchase, production or utility costs, that should be pointed out to the public whether it be during a budget study session or another time. The City Manager noted that a pass through provision already exists, an additional line could be added to the resolution to provide for a pass through however that that would need to be submitted to the City Council indicating why the adjustment is necessary, notifying the Council and public of the change, that would be an additional safeguard. Councilmember Campbell again mentioned that when pipes break they need to be fixed, if there is not a mechanism in place to spread the cost reasonably the City would be letting the residents down. The Manager noted as an example when electric costs spiked the City was impacted, as the consultant pointed out the City pumps constantly because of the flatness of the City, it is felt that flexibility should be built in, it is believed that something can be I 4-28-03 crafted to build in safeguards as well as the pass through with justification, and noted that there are a number of things going on with regard to water, the Colorado River issue, what the Secretary of the Interior may do, etc. At the request of the Manager, there was an indicated consensus that a public hearing on the water rate study would be acceptable for May 12th or it can be moved back. CLOSED SESSION No Closed Session was held. I ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the meeting at 6:45 p.m. Approved: ~~~ yor Attest: I Seal Beach, California April 28, 2003 The City Council of the City of Seal Beach met in regular session at 7:07 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Councilmembers Antos, Campbell, Doane Absent: Councilmember Yost The City Council took action at the prior meeting to excuse the absence of Councilman Yost from this meeting. Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Danes, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Arends-King, Director of Administrative Services Mr. Vukojevic, Deputy City Engineer Mr. Cummins, Associate Planner Ms. Yotsuya, Assistant City Manager Ms. Yeo, City Clerk I 4-28-03 APPROVAL OF AGENDA Councilman Antos requested that Items "L" and "M" be removed from the Consent Calendar. Doane moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented, except for Items "L" and "M", removed for separate consideration. I AYES: NOES: ABSENT: Antos, Campbell, Doane, Larson None Yost Motion carried ANNOUNCEMENTS There were no announcements. PROCLAMATION Mayor Larson proclaimed the week of May 4th through May 10th, 2003 as "Brain Tumor Awareness Week" and so moved. Councilman Antos seconded the motion. AYES: NOES: ABSENT: Antos, Campbell, Doane, Larson None Yost Motion carried I PUBLIC COMMENTS Mayor Larson declared the Public Comment period to be open. Pastor Shoemaker, Grace Community Church, called attention to problems that Grace Community Church has encountered with Ampco, the company under contract with the City to operate the 8th and 10th Street beach parking lots. Pastor Shoemaker said on two occasions the Church has sought fair and reasonable arrangements at an equitable price to provide off- street parking for people attending church on Sunday mornings, however Ampco was willing to provide annual parking passes at a cost of only $210 per pass, yet the Church wanted to purchase sixty passes for which the company wants over $12,000, this is triple the price that the City charges for an annual pass that allows unlimited use of the lots, the passes that were offered for $210 each would be good only on Sunday mornings, not unlimited use. Pastor Shoemaker mentioned also that for Easter services Ampco wanted to charge the Church $12 per pass, the cost double the regular fee that individuals pay for an all day pass in a beach lot, and they were to be valid only until 1:00 p.m. The Pastor claimed that the company is found to be unreasonable and impossible to deal with, does not serve the best interests of the community or the community's constituents, he is also aware that the payment machines in the lots are sometimes out of order, in one case of which he is aware of the machine would take the money but not issue parking passes. Pastor Shoemaker noted that the Church is paying a substantial amount of money to shuttle people from outlying parking lots to church on Sundays, they are willing to pay for such legitimate expenses, yet do not want to be dealt with unreasonably by a greedy parking concession. Pastor Shoemaker requested that the City leadership look into this matter and ensure that the City's constituents are dealt with in an equitable and reasonable manner, this is especially important when a constituent of the community is making a conscientious effort to mitigate parking difficulties and is willing to expend a considerable amount of money to do so. Ms. Kim Masoner, Chamber President, reported this past Saturday was the largest Car Show crowd ever in sixteen years, thanked all persons who helped to make this sixteenth Car Show a tremendous success, those who came out at 6:00 a.m. to help mark the streets, distributed Car Show I 4-28-02 information, manned the goodie bags, the Police and Fire Departments, the parking crew, the car owners, the residents for being understanding and attending this fun filled day, and the businesses for understanding the last minute car location changes. Mr. Steve Masoner apologized for not being a good measurer, on Friday it was found that the middle of the street parking for the Cars would not work in that there was inadequate room for a fire lane, they did their best to make as many people happy as possible, it is known that there will always be some that will not be supportive of the event, his wife conducted a survey of many residents and business owners, has received comments from many of them, the event does bring sales tax into the City. Mr. Masoner reported that also on Saturday there were two hundred forty-five people volunteering for the monthly beach cleanup, the cleanup continues to grow, it is amazing to see people come from allover, if the trend continues this year there will be more participants than the previous two years combined, to date the City has been saved almost $100,000, his wife has visited over twenty-eight high schools and middle schools this year, they have come aboard and this program will continue to grow and they will learn about reduce, reuse, and recycle, especially pleasing is to see local residents participate, even if it is once a year, that too saves the residents and the City money, the participation brings the community together whether it be the beach cleanup or the Car Show, and makes Seal Beach the great and special City it is. Ms. Joyce Parque, Seal Beach, acknowledged having received the letter from the attorney in response to her letter regarding the Brown Act. She requested that the City start keeping meetings of Closed Sessions, and she will be writing another letter under the Equal Protection clause of the Fourteenth Amendment of the Constitution. Ms. parque mentioned too the $1 million that the City will not get back, that money could help with the grass in the streets in Old town, there are no curbs, and inquired as to where the $1 million came from, the City or the Agency. She said she also wanted to talk about the $5 million in pension funds for the fire and police, made reference to a newspaper article relating to safety personnel salaries and benefits, it says that since 1999 they give more money to get officials elected and every year their pensions are increased, this City is $5 million in debt for the pension funds, how is that going to be paid, a budget was adopted yet already over a million dollars has been spent that was not in the budget, in Sacramento they want the pensions paid on the property tax bills, people are not going to vote for that, so the proposal now is a user fee, there is a bill also so that police personnel can get one hundred percent of their salary at age fifty, how are these things going to be paid. It is the taxpayers that pay all of the bills, pay good salaries and benefits, the former Manager lived here, paid property tax, kept the landscaping up, had the trees cut, had lights at Christmas, yet it is now said there is no money to cut the trees. Mr. Jim Caviola, Seal Beach, claimed to have the letter from the Department of Housing and Community Development regarding the Trailer Park, acknowledged that he is seeking to get the Redevelopment Agency closed down either during this term of office or the next, the letter says that the Trailer Park Resident Ownership Program MPROP $1 million commitment of funds to Linc Housing and the City of Seal Beach expires May l, 2003, and the Department does no.t intend to extend the commitment in that there is no progress' towards meeting the MPROP loan closing conditions, that means' that $1 million more has been lost to the Trailer Park, it is' also I I I 4-28-03 I known that the Redevelopment Agency was fined $640,000 for not doing its job, this money has been lost, what bothers him is that he sees no remorse, no apology, no concern, those are property taxes that are being displaced, disappeared, someone was supposed to get the closing done, there was an attorney, staff, the Council. He mentioned that in an earlier meeting the Planning Department was asked to work on a trailer design for the Park, the amount of resources that are being diverted to this low income housing scheme under the Redevelopment Agency property tax diversion is incredible, it is not fair to the residents, the City, or the County, said he wants the Agency closed down and he will work to do so, again, to not acknowledge that the City has lost $1.6 million is wrong, it is part of the Agency scheme, yet no one will go to the seminars. Ms. Sue Corbin, Seal Beach, agreed that there was a duty to perform, there has been thirty years of negligence with regard to the Trailer Park by the law firm. Ms. Corbin said she wished to speak on free speech or the lack thereof, U.S. versus Twinning lays out all of the rights that are secured by citizens, eight rights and privileges, number six is the right to inform U.S. authorities, federal judiciary, of violations of its laws, when there is a violation of free speech there is a right to seek relief, it is a violation of the Constitution, this has already been done, the Council did not want a person to talk about the tennis courts that the citizens will be paying for. The Council has no constitutional training, cities do not like civil rights suits because they are powerful, yet the Council tries to silence the citizens, this exceeds authority, now the attorney's office is not going to represent the former member of the Council, which exceeds authority, the Council is improperly executing a local custom and law, what is needed is constitutional training to protect the City. Mr. Glen Clark, Trailer Park, referred to the comment of a prior speaker that the $1 million loan is lost, to that he said the speaker is incorrect, that was a loan made by the Agency to Line Housing and it will be paid back over time, as far as the MPROP portion of this is concerned the State is willing to send that money down to repay that loan immediately yet they needed to have a number of people in the Trailer Park sign off that they supported that, unfortunately there have been some in the Park that have worked against having that happen, because of that there are not enough signatures at this point to obtain the loan from MPROP, however that money is not lost to the City, it is a loan that will be repaid over a period of time with interest. Mr. Clark explained that the $1 million was loaned to Line in 2000 to assure that the residents could purchase the Park, a bridge loan only, to be repaid, loaned by the Agency not the Council, there are some eleven hundred pages of documentation relating to that transaction. There being no further comments, Mayor Larson declared the Public Comment period to be closed. I I CITY COUNCIL ITEMS There were no Council Items. CONSENT CALENDAR - ITEMS "B" thru "N" Doane moved, second by Campbell, to approve the recommended action for items on the Consent Calendar as presented, except for Items "L" and "M", removed for separate consideration. B. Approved the waiver of 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 4-28-03 after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. C. Approved the minutes of the regular meeting of April 14th, 2003. D. Approved regular demands numbered 41632 through 41763 in the amount of $462,061.58, ADP payroll demands numbered 3065886 through 3065982 in the amount of $95,746.78, and authorized warrants to be drawn on the Treasury for same. I E. Received and filed the Monthly Investment Report for March, 2003. F. Received and filed the annual Development Traffic Impact Fee report. G. Approved the second reading and adoption of Ordinance Number 1496 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 5-30, NO. 35, TABLE l5-A, OF CHAPTER 5, ARTICLE l, OF THE CODE OF SEAL BEACH, COMPRISING PART 2 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, THE 2001 CALIFORNIA BUILDING CODE." By unanimous consent, full reading of Ordinance Number 1496 was waived. H. Approved the second reading and adoption of Ordinance Number 1499 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 03-1, CHANGING THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C-2) AND LIMITED COMMERCIAL (L-C) TO LIMITED COMMERCIAL/ RESIDENTIAL MEDIUM DENSITY (L-C/RMD) AT 209 THROUGH 309 SEAL BEACH BOULEVARD." By unanimous consent, full reading of Ordinance Number 1499 was waived; and Approved the second reading and adoption of Ordinance Number 1500 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH CHANGING THE DESIGNATION OF THE LIMITED COMMERCIAL (L-C) ZONE TO THE LIMITED COMMERCIAL/RESIDENTIAL MEDIUM DENSITY (L-C/RMD) ZONE AND REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL/RESIDENTIAL MEDIUM DENSITY (L-C/RMD) ZONE (ZONE TEXT AMENDMENT NO. 03-1)." By unanimous consent, full reading of Ordinance Number 1500 was waived. I 1. Approved the second reading and adoption of Ordinance Number 1501 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE SEAL BEACH CITY CODE, AMENDING SECTIONS 28-402, 28-701, AND 28-802, RESTRICTING THE MAXIMUM SIZE OF A GARAGE IN THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1501 was waived. I 4-28-03 Adopted Resolution Number 5124 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITIONS OF ACCUNTING MANAGER AND MANAGEMENT ANALYST/ HUMAN RESOURCES." By unanimous consent, full reading of Resolution Number 5124 was waived. J. I Bids were received until April 22, 2003 at 10:00 a.m. for the 2002/2003 Annual Street Seal Program, Project Number 50153, at which time they were publicly opened by the City Clerk as follows: K. Doug Martin Contracting Co., Inc. Pavement Coating Co. American Asphalt South, Inc. Roy Allen Slurry Seal, Inc. Sudhakar Co. International $ 97,030.00 $ 98,992.70 $102,952.60 $104,156.30 $115,873.10 Awarded the bid for the 2002/2003 Annual Street Seal Program, project Number 50153, to the lowest responsible bidder, Doug Martin Contracting Co., Inc., in the amount of $97,030.00 and authorized the City Manager to execute the agreement on behalf of the City. I N. Denied the claims for damages of Irwin S. Paris, Jeff Deckner, and Shirley Varon. AYES: NOES: ABSENT: Antos, Campbell, Doane, Larson None Yost Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "L" - AWARD OF BID - MARINA DRIVE BRIDGE REHABILITATION - PROJECT NUMBER 49676 Bids were received until April 8, 2003 at 10:00 a.m. for the Marina Drive Bridge Rehabilitation, Project Number 49676, at which time they were publicly opened by the City Clerk as follows: Alt. A Griffith Company $7,589,892.00 Shimmick Construction Co., Inc. $7,840,126.00 MCM Construction, Inc. $8,320,030.00 Banshee Construction Co. $10,366,975,30 .1 Alt. B $7,136,999.00 $7,202,119.00 $7,798,862.00 $7,736,975.50 Councilman Antos inquired if the funding for this project comes from a grant, and in the past there have been staff discussions as to where the contractor is going to store his equipment, has that been decided. The Director of Public Works responded that it is twenty percent City funded and eighty percent federally funded, the twenty percent funded by ten percent each from the cities of Seal Beach and Long Beach. To the question as to where the staging area for the contractor and his equipment will be, the Deputy City Engineer explained that that was not specified in the contract documents, it will be up to the contractor to 4-28-03 determine the location for equipment storage and staging area, their choice will then need to be approved. Antos moved, second by Doane, to award the bid for the Marina Drive Bridge Rehabilitation, Project Number 49676, to the lowest responsible bidder, Griffith Company, in the amount of $7,589,892.00, reaffirmed the construction management contract with Jacobs Civil, Inc., and authorized the City Manager to execute the agreements on behalf of the City. I' AYES: NOES: ABSENT: Antos, Campbell, Doane, Larson None Yost Motion carried ITEM "M" - OLD RANCH TENNIS CLUB CONCEPTUAL PLAN The City Manager explained that the request relating to this item is for ratification of the prior action and direction of the Council, staff has also provided an outline as to how the RFP and survey will work, the survey has been held up as it is desirable to receive the proposals first, the bid alternate is $250,000 therefore there would be no need for the survey if the proposal is over that amount, staff will work on putting together the survey, it will likely be mailed. Councilman Antos noted that at such time as the proposals are received they will be considered by the Council for final action, the Manager confirmed that to be correct, there will be alternate bid items that will need to be given consideration as well. Councilman Doane asked if anything has been done with regard to obtaining proposals from private tennis facility operators. The Manager responded that staff is working on the RFP, developing alternatives, it should be completed by Mayor June and then distributed, there is also a list of potential operators. Antos moved, second by Doane, to reconfirm the Council action of March 10, 2003, and receive and file the staff report relating to the process for the tennis center facility improvement/operations request for proposals and the survey of public improvement needs within College Park East. I AYES: NOES: ABSENT: Antos, Campbell, Doane, Larson None Yost Motion carried S'; MAY 26. 2003 CITY COUNCIL MEETING Since the May 26, 2003 regular City Council meeting date falls on Memorial Day, there are scheduling conflicts with the May 27th date, options were presented to Council to either cancel the second meeting in May of this year, reschedule the meeting to Wednesday, May 28th, or reschedule the meeting a week earlier to Monday, May 19th. To an inquiry as to whether the Boeing project is scheduled for that meeting, the City Manager responded that that may have been the desire of Boeing however issues remain that need to be resolved before their public hearing is scheduled, there are no other pertinent items scheduled for that meeting and even if something arose a special meeting could be called. Doane moved, second by Campbell, to cancel the second meeting in May, 2003. I AYES: NOES: ABSENT: Antos, Campbell, Doane, Larson None Yost Motion carried 4-28-03 I SPECIAL EVENT - MUSIC ON MAIN - STREET CLOSURE The City Manager requested that if there are any issues with this event or special conditions it would be best for them to be raised now before the permit is issued. Councilman Antos reported having received a number of concerns and complaints last year with regard to the street closure, not with the Music on Main. He noted that he could not see justification to close a street for a few hours in the middle of the week for an event, his preference would be that it be held at Eisenhower Park where there is adequate room or seek permission from a Main Street business to use their parking area, Planning Commission meetings are also held on Wednesday evenings, people attend them and there would be an inconvenience to find parking, there are Wednesday night events that have taken place for many years at Grace Church, it is an inconvenience to close the street, he would request that the location of this event be changed, possibly use the Bank of America or Hennessey's parking area. Councilmember Campbell requested that the Chamber/Business Association President speak to how many people attend this event and why the Central Avenue location was chosen. Ms. Kim Masoner, President, offered that Eisenhower Park has been used, it was too cold and windy, the residents did not like the noise, it was too close, the parking lots are too small, between three to five hundred people attend these free music events, the Church has indicated they have no problem with Music on Main nor does the Fire Department. Councilmember Campbell said it would seem that this event would be a.benefit to the merchants. To a question of Councilman Doane to any anticipated problems relating to the Planning Commission meetings, the Development Services Director responded that Music on Main has been held for a number of years and he has not heard complaints from anyone attending the Commission meetings that there was difficulty finding a parking place. To a comment made from the audience, Councilmember Campbell explained that she had asked Ms. Masoner to respond to specific questions, not for her opinion, the questions were to gain information. Campbell moved, second by Doane, to receive and file the staff memorandum with a comment made that it is a great activity for the City. There were no changes made to the special activity request for Music on Main. I AYES: NOES: ABSENT: Campbell, Doane, Larson Antos Yost Motion carried CITY ATTORNEY REPORT No report was presented. I CITY MANAGER REPORT The City Manager clarified that the MPROP loan is not a loss of the City's $1 million, that he has reviewed the Trailer Park documents for many years past, the loan documents are very specifically written, the loan bears the same interest rate as the MPROP loan and will be repaid commencing in 2006, the referenced $640,000 came from the regular Redevelopment Agency tax increment and flows into the low/moderate income housing fund, that is pursuant to State law. The Manager extended an invitation to anyone wishing to review the documents with him. With regard to the MPROP, said he found a December, 2000 staff report that described how the MPROP is supposed to work, however stated there are many documents, it is a difficult issue to follow and understand, a great number of bond writers, official statements, etc., and mentioned 4-28-03 / 5-12-03 that he will be providing a report to Council with regard to specific questions posed. COUNCIL COMMENTS Councilman Antos said he believed that the complaints that he receives this year relative to the street closure he will refer to his fellow councilmembers. Mayor Larson requested that the City Manager look into the problems cited relating to the Beach parking lots and the Grace Church. The Manager agreed to do so. I 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 May 12th, 2003.at 6:30 p.m. By unanimous consent, the meeting was adjourned at 7:5l p.m. clerk Approved: ~~~ Mayor I Attest: Seal Beach, California May 12, 2003 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Councilmembers Antos, Campbell, Doane, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk I CLOSED SESSION The City Attorney announced that pursuant to the Brown Act the City Council would meet in Closed Session to discuss Items A and B identified on the agenda, a conference with legal counsel with regard to existing litigation, City of Seal Beach versus Ribal, and with regard to two caseslof anticipated litigation. The Council adjourned to Clobed Session at 6:31 p.m. and reconvened at 6:52 p.m. with' Mayor