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Home My WebLink AboutCC Min 2007-07-23 Seal Beach, California July 23, 2007 The City Council and Redevelopment Agency of the City of Seal Beach met in closed session at 6:30 p.m. with Mayor Larson calling the meeting to order in the City Hall Conference Room. ROLL CALL Present: MayorlAgency Member Larson Councilmembers/Agency Members Antos, Levitt, Shanks, Ybaben I Also present: Mr. Carmany, City ManagerlExecutive Director Mr. Barrow, City AttorneylLegal Counsel Mrs. Devine, City Clerk/Secretary Mayor Larson stated that this would be the time for members of the public to comment on the items identified on the agenda, there were no speakers. The City Attorney announced that pursuant to the Brown Act the Council would meet in closed session with regards to anticipated litigation Government Code Section 54956.9(b) and Section 54956.9(c); initiation of litigation pursuant to subdivision (c); and the Redevelopment Agency would meet regarding existing litigation Government Code 54956.9(a) - Sonju vs. Seal Beach RDA. CLOSED SESSION The Council and Agency recessed to Closed Session at 6:31 p.m. and reconvened at 7:10 p.m. the City Attorney reported that the Council gave direction to their legal counsel regarding item "A" and the Redevelopment Agency gave direction to their legal counsel regarding - Sonju vs. Seal Beach RDA (case #06CC06897). ADJOURNMENT It was the order of the Chair, with consent of the Council and Agency to adjourn the Closed Session at 7:10 p.m. I ~"~ (-O~ CI Clerk City of Seal Beach Approved: doll'; LMI':.f\- Mayor Attest: .tYJ'~ J;//jU;, - City Clerk I Page 2 - City Council 07-23-07 Seal Beach, California July 23, 2007 The City Council of the City of Seal Beach met at 7:14 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor/Agency Member Larson Councilmembers/Agency Members Antos, Levitt, Shanks, Ybaben Also present: Mr. Carmany, City ManagerlExecutive Director Mr. Barrow, City Attorney/Legal Counsel Ms. Yostuya, Assistant City Manager Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public Works/City Engineer Mr. Beaubien, Interim Director of Administrative Services Chief Kirkpatrick, Police Department Captain Bailey, Lifeguard Mr. Crumby, Deputy City Engineer Mr. Papa, Associate Engineer Mr. Shur, Support Services Manager, PD Mrs. Devine, City Clerk/Secretary APPROVAL OF AGENDA Items "K" and "S" were removed from the consent calendar for separate consideration. Item "H" was pulled from the consent calendar and continued to a future Council Meeting. With no objection the Mayor ordered the approval of the agenda as amended. I PRESENT A TIONSIPROCLAMA TION The following presentations were given: · 5K110K Seal Beach Run - City received the following grants: Public Works Department ($5,000 for park trash cans), Recreation and Community Services Department ($17,000 - tables, chairs, and mobile stages for community centers), and Junior Lifeguard Program ($2,000 - scholarships). · Measure "M" - Ellen Burton from Orange County Transit Authority (OCTA) gave a brief up-date presentation. · Mobile Command Center - Chief Kirkpatrick explained how the mobile command center would be used and that it was purchased in a joint venture with the cities of Seal Beach, Los Alamitos, and Cypress. Mayor Larson declared a recess at 7:50 p.m. so that members of the Council and audience could take a tour of the command center - meeting was reconvened at 8:05 p.m. I ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Ms. Schelly Sustarsic, College Park East, expressed her concerns over the Bluebell Park project (agenda item "K") and did not agree with the lowering of the fence or the re- location of the playground. There were no other speakers; Mayor Larson declared Oral Communications closed. CITY ATTORNEY REPORT No report given. CITY MANAGER REPORT No report given. COUNCIL COMMENTS Councilman Antos announced the memorial services for long time resident Reva Olson on July 29th at 12:00 noon in the Mary Wilson Senior Center. Councilman Page - 3 City Council 07-23-07 Levitt reminded residents to check to any standing water around their homes - this is the time of year for mosquitoes and there is a concern with west nile virus. Councilman Shanks requested staff to check the area around the pump station by the trailer park for standing water. The Director of Public Works indicated that vector control checks and sprays this area on a regular basis. COUNCIL ITEM It was the consensus of the Council to designate Councilman Levitt as their voting delegate and Councilmen Antos and Shanks as the alternates for the I annual California League of Cities conference to be held on September 5-8, 2007 in Sacramento, California. CONSENT CALENDAR - ITEMS "B" thru "S" It was the order of the Chair to approve the recommended actions for the items on the Consent Calendar as presented except for items "K" and "S" pulled for separate consideration and item "H" removed and continued to a future Council meeting. B. Approved the waiver of reading in full of all resolutions and ordinances. C. Approved the minutes of City Council Adjourned and Regular Meeting held on June 25, 2007. D. Accepted the resignation of Robert "Gene" Vesely and declared a vacancy on the Archaeological Advisory Committee in District Five. E. Approved regular demands numbered 64797 through 65268 in the amount of $3,581,622.19; payroll demands numbered 64739 through 64796, 64926; 65005 through 65090 in the amount of $454,525.91; and authorized warrants to be drawn on the Treasury for same. I F. Received and filed the Monthly Investment Report for June 2007. G. Adopted Resolution Number 5570 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 07-2, A REQUEST TO ALLOW A 7-FOOT HIGH WALL ALONG THE STREET SIDE AND REAR YEAR PROPERTY LINES AT 429 BERYL COVE WAY." H. Removed and continued to a future Council meeting - Larson. I. Adopted Resolution Number 5571 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-02 ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2007/2008." J. Adopted Resolution Number 5572 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT NO. 08-01 FOR THE INCREASE IN RECREATION ADMINISTRATION INTERGOVERNMENTAL LINE ITEM." I Page 4 - City Council 07-23-07 Adopted Resolution Number 5573 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, APPROVING THE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND COMMUNITY SENIORSERV, INC. FOR SENIOR NUTRITION AND SUPPORTIVE SERVICES." K. Removed from Consent Calendar - Shanks. I L. Adopted Resolution Number 5575 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR THE ANNUAL PAVING REHABILITATION FY 07108, PROJECT #50244." Awarding to the lowest responsible bidder, Silvia Construction in the amount of $562.219.93 and authorized the City Manager to execute the contract on behalf of the City. Bids were received until July 10, 2007 at 10:00 a.m. for the Bluebell Park Improvements, Project No. 50206, at which time they were publicly opened by the City Clerk as follows: Comoanv: Silvia Construction Hardy & Harper, Inc. All American Asphalt Sully-Miller Contracting Co. Sequel Contractors, Inc. Palp Inc. dba Excel Paving Co. Bid Amount $562,219.93 $564,000.00 $563,443.56 $602,532.65 $586,223.50 $604,633.75 I M. Adopted Resolution Number 5576 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED FOR PROJECT NO. 50217 PIER DECKING REHABILITATION PHASE I." N. Adopted Resolution Number 5577 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT NO. 50190 ANNUAL STREET SEAL PROGRAM FY 06/07 ENTERED INTO BETWEEN CITY OF SEAL BEACH AND PAVEMENT COATINGS CO." O. Adopted Resolution Number 5578 entitled "A RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED FOR PROJECT NO. 50223 ZOETER SCHOOL ABATEMENT AND DEMOLITION." Adopted Resolution Number 5579 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED FOR PROJECT NO. 50224 ZOETER PARK IMPROVEMENTS." I P. Adopted Resolution Number 5580 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING A GRANT DEED FOR A WATER WELL ON A PORTION OF THE OLD RANCH COUNTRY CLUB, LLC PROPERTY." Q. Adopted Resolution Number 5581 entitled "A RESOLUTION OF THE .cITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND ALBERT GROVER & ASSOCIATES FOR ON-CALL TRANSPORTATION AND TRAFFIC ENGINEERING SERVICES." Page - 5 City Council 07-23-07 AYES: NOES: R. Adopted Resolution Number 5582 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF SEAL BEACH, AS A "CONCURRING PARTY", THE FINAL PROGRAMMATIC AGREEMENT AMONG THE COMMANDING OFFICER, NAVAL WEAPONS STATION SEAL BEACH, THE CALIFORNIA SITE HISTORIC PRESERVATION OFFICER, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION REGARDING THE PUBLIC-PRIVATE VENTURE FOR FAMILY HOUSING - NAVAL WEAPONS STATION SEAL BEACH." I S. Removed from Consent Calendar - Ybaben. Antos, Larson, Levitt, Shanks, Ybaben None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" 1 ORANGE COUNTY FIRE AUTHORITY 1 MEDIX AMBULANCE SERVICE Removed and continued to a future Council meeting. (Orange County Fire Authority (OCFA) staff recommendations to renew the City's existing emergency ambulance contract with Medix Ambulance Service for the period of September 2009 to September 2014 and to develop a Request For Proposal (RFP) process incorporating a regional emergency ambulance deployment approach for implementation in 2014.) ITEM "K" 1 RESOLUTION NUMBER 5574 1 AWARD CONTRACT BLUEBELL PARK IMPROVEMENTS 1 PROJECT NO. 50206 Councilman Shanks requested this item be removed and stated his concerns over the design to lower the fence height and the possible liability to the City. I Councilman Ybaben said that the committee considered all the alternatives and believes this is a good design, other parks have lower fences, and no other park is surrounded completely by a fence. Ybaben moved, second by Levitt, to adopt Resolution Number 5574 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AWARDING THE BID FOR BLUEBELL PARK IMPROVEMENTS PROJECT NO. 50206." Awarding to the lowest responsible bidder, Hondo Comoanv. Inc. in the amount of $169.431.50 and authorized the City Manager to execute the contract on behalf of the City. Bids were received until July 10, 2007 at 11 :00 a.m. for the Bluebell Park Improvements, Project No. 50206, at which time they were publicly opened by the City Clerk as follows: AYES: NOES: Comoanv: Landmark Site Contractors Hondo Company, Inc. MSJS Management Services Micon Construction, Inc. E.C. Construction Co. Ryco Construction, Inc. Accord Engineering MG Enterprizes Y & M Construction C.S. Legacy Construction, Inc. Green Giant Landscape, Inc. Fleming Environmental, Inc. Bid Amount $280,048.35 $169,431.50 $177,027.05 $201,022.00 $190,983.34 $326,623.00 $239,479.40 $182,591.50 $186,555.50 $182,578.00 $183,510.75 $236,857.85 I Antos, Larson, Levitt, Ybaben Shanks Motion carried Page 6 - City Council 07-23-07 I ITEM OS" 1 RESOLUTION NUMBER 5583 1 BUSINESS FINANCIAL ASSISTANCE 1 ENERGY TUBULARS. INC. Assistant City Manager gave a brief staff report indicating that Energy Tubulars, Inc. (ETI) is a goods distributor serving the petroleum industry and is listed as one of the top 25 sales tax producers in the City. City staff has negotiated a proposed agreement with ETI that would provide a business plan that would include financial support, retain a long term lease, and sustain the business operation until the year 2013. The City Attorney is available to answer any questions and staff recommends Council approve the agreement with Energy Tubulars, Inc. Councilman Ybaben stated that since this is a special arrangement with one of the top 25 companies in the City he wanted to make sure the public was well aware of the proposed action asked to be taken, that he is personally acquainted with the owner of the business, and that he would abstain from any Council action taken. Councilman Ybaben left the Council Chambers. The City Attorney stated that Councilman Ybaben does not have any financial interest in the contract but because he is personal friends with the principal owner of the company Councilman Ybaben felt he should abstain; this is to avoid any appearance of a conflict of interest or impropriety. Antos moved, second by Shanks, to adopt Resolution Number 5583 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT BETWEEN THE CITY OF SEAL EACH AND ENERGY TUBULARS, INC." AYES: NOES: ABSTAIN: Antos, Larson, Levitt, Shanks None Ybaben Motion carried Councilman Ybaben returned to the Council Chambers. I PUBLIC HEARING There were no items scheduled at this time. NEW BUSINESS There were no items scheduled at this time. Mayor Larson recessed the Council meeting to the Seal Beach Redevelopment Agency meeting at 8:25 p.m. and reconvened the Council meeting at 8:26 p.m. Mayor Larson requested staff to contact the Naval Weapons Station regarding access on the base - City Manager indicated he will be meeting with the Commander to go over several issues and one being access to the base. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 8:27 p.m. to Monday, August 13, 2007, at 6:30 p.m. to meet in closed session, if deemed necessary. ;/,. .,ntk M/)U~ I ~ Clerk City of Seal Beach I Approved: ~l/v lA~ Mayor Attest: C!fr,~, ~~ City Clerk