HomeMy WebLinkAboutCC Min 2010-07-12Seal Beach California
July 12, 2010
Mayor Sloan called the adjourned meeting of the Seal Beach City Council to
order at 6:00 p.m. in the City Hall Conference Room.
ROLL CALL
Present: Mayor Sloan Council Members: Antos, Levitt, Miller, Shanks
Also present: David Carmany, City Manager
Quinn Barrow, City Attorney
Linda Devine, City Clerk
CLOSED SESSION
Mayor Sloan 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 the City Council would meet to discuss the items
identified on the closed session agenda: Item "A" - conference with real property
negotiators - Government Code §54956.8 1)- property located at First Street and
Marina Drive; item "B" - conference with legal counsel - existing litigation -
Government Code §54956.9(a) - litigation, to which the local agency is a party,
has been initiated formally: Bay City Partners LLC vs. City of Seal Beach (case
no. 30 -2010 00364556); item "C" - public employment evaluation, Government
Code §54957 - City Manager.
The City Attorney reported at the regular meeting that the City Council recessed
at 6:45 p.m. and will reconvene.
The Mayor reconvened the closed session at 10:00 p.m.
The City Attorney announced that the City Council gave direction to each item
and there was no other reportable action taken.
ADJOURNMENT
It was the order of the Chair, with consent of the Council to adjourn at 11:05 p.m.
City tlerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
1
Page 2 - City Council 07/12/10
Seal Beach California
July 12, 2010
The City Council of the City of Seal Beach met in regular session at 7:00 p.m.
with Mayor Sloan calling the meeting to order and Councilman Shanks leading
the Salute to the Flag.
ROLL CALL
Present: Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks
City Staff: David Carmany, City Manager
Quinn Barrow, City Attorney
Chief Jeff Kirkpatrick, Seal Beach Police Department
Sean Crumby, Director of Public Works
Robbeyn Bird, Director of Administrative Services /Treasurer
Mark Persico, Director of Development Services
Jill Ingram, Assistant to the City Manager
Chief Joe Bailey, Seal Beach Lifeguard Department
Battalion Chief John McMaster - OC Fire Authority Representative
Linda Devine, City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
& ORDINANCES
Shanks moved, second by Miller to approve the agenda as amended. Items
pulled from consent calendar - Shanks requested to reorder item "BB" to be
considered after oral communications and pulled items "1 " X "; Miller requested
to continue item "Z" to next meeting and pulled items "I" - "M" - "R" - "S "; Antos
pulled items "P" - "M" - "V "; and the City Manager requested that item "CC" be
continued to the next meeting.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PRESENTATIONS /RECOGNITIONS
Recognition - Helen Kling - Retirement - 22 Years of Service as Seal
Beach Senior Community Services Officer
On behalf of the City Council, Chief Kirkpatrick made the presentation of a city
plaque and a certificate of recognition from Assemblyman Silva to Helen Kling.
Lifeguard - Beach Safety & Stingrays
Marine Safety Chief Bailey gave a brief presentation on beach and summer
safety tips including stingrays (shuffle your feet when walking in the shallow
water along the beach and to treat a sting keep the area submerged in hot water
for an hour)
Award of Grants - 5K/10K Run
Elizabeth Kane, representing 5K/1 OK Run Committee, presented the grant
awards to 29 organizations in the areas of recreation, fitness, and wellness -
individual grants ranged from $900 to $8,400 totaling $110,000 - next year's race
is scheduled for April 2, 2011
ORAL COMMUNICATIONS
Mayor Sloan declared Oral Communications to be open. Speakers: Shirley
Broussard, representing the proposed "Seal Beach Homeless Shelter End Now"
(transitional housing project) - formerly with SWARM (Spiritual Wholeness And
Re- creative Motion), talked about a year round emergency shelter for the
homeless; Leo Volter, 8th Street, read a statement regarding the Cycle Shop on
Main Street; James Darling, 8th Street, resident behind the Cycle Shop also
complained about noise and felt that code enforcement is not dealing with the
problem; John Ramsay, 8th Street, rents behind the Cycle Shop and indicated
Page - 3 City Council 07/12/10
that he will have to move because of the noise and disturbance from the shop -
had a list of concerns - cited Chapter 28 of the municipal code - provided photos
of the alley between his rental and the shop; Tom Blackman, Beryl Cove /Friends
of the Library; provided information regarding item "X" (library improvements);
Eldon Alexander, 8th Street, spoke on item "A" - recommended a change from 2
years to 10 years retention of video recordings of council meetings and
stated verbatim minutes help preserve the history of council actions; Robert
Goldberg, Clipper Way, stated his agreement with 10 year retention of videos
and detailed minutes - should offer the videos of the meetings to the public
instead of destroying - felt there was an error in Res. No. 5853 regarding city
manager's salary and should be brought back for correction; Mike Buhbe, Central
Way, stated the pool is back in operation; Jenelle Froisland, Southern California
Edison representative, provided handouts regarding the installation of smart
meters in Seal Beach (no cost to residents); Laura Herzog, representing Joint
Forces Training Base, commented on the fireworks display at the JFTB and
announced the blood drive on July 13th; Seth Eaker, Seal Beach Chamber /13th
Street resident, complimented the 5K/10K committee, the pool being reopened,
and the council actions of the urgency meeting for Old Ranch Country Club
fireworks display - expressed the support on items "K" (letter of support for JFTB)
- "L" (parking agreement) - "P" (LAFCO boundary adjustments) - and "BB"
(comment letter - ARCO) - commented on the July 7th letter to business owners
regarding sidewalk issues - invited everyone to come to the summer concerts on
Wednesdays; Nancey Kredell, Founder's Day Committee, announced they are
selling t -shirts - sweatshirts - and tote bags at the pier on Saturdays. There were
no other speakers - Mayor Sloan declared Oral Communications closed.
With no objections Mayor Sloan called for a recess at 8:10 p.m. and reconvened
the meeting at 8:20 p.m.
Mayor Sloan announced that by the order of the mayor item "C" will be
considered next:
ITEM "C" / PLANNING COMMISSION / ENVIRONMENTAL QUALITY
CONTROL BOARD / CITY TREE ADVISORY BOARD
Mayor Sloan introduced Esther Cummings, District 2 appointee to the Planning
Commission. Shanks moved, second by Levitt, to ratify the appointment of
Esther Cummings to the Planning Commission to fill the unexpired term, declare
a vacancy on the Environmental Quality Control Board for District 2, and accept
the resignation of Brian Kyle on the City Tree Advisory Board.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "BB" / COMMENT LETTER / ARCO CORRECTIVE ACTION PLAN (CAP) /
JUNE 19, 2010 /
The City Manager indicated that the revised comment letter was based on the
comments from the Environmental Quality Control Board (EQCB) and the
Bridgeport community Technical Advisory Committee JAC) with the review from
the consultant (Dudek) - stated that County Supervisor Moorlach's staff have
been involved and supportive of the Council's diligence on this issue. The City
Engineer provided a brief review regarding the comment letter stating ARCO's
revised Corrective Action Plan (CAP) outlines seven basic topics: Site
Background (geological and groundwater conditions); Review of historical
investigations at the site; Assessment of extent of contamination (in soil, soil
vapor, and groundwater); Site model; Proposed clean -up levels for site and off -
site (Bridgeport community); Review of 3 remediation methods: 1) electrical
resistance heating (ERH) and on -site excavation (termed: dig and haul) - 2) on-
site remediation by ERH - 3) dual -phase extraction. The CAP document has
been reviewed by the City's consultant and has been circulated for public
comment - City staff has reviewed and commented on the CAP and provided
their comments to the public. After careful review, the following are attached to
the staff report: comments on ARCO's corrective action plan prepared by Dudek;
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comment letter based on City's response to the county; and the county's notice
of the comment period. The City Attorney interjected that the supplemental
memo that was placed on the dais with the revised draft comment letter (replaces
the draft letter that was attached to the staff report) to include comments from 3
members of TAC and recommendations from the EQCB - it was recommended
that Council approve sending the revised July 19, 2010 comment letter (a
redline /strike -out version was also attached, copies were available at the City
Clerk's desk). There were 4 speakers in support of the revised comment letter -
excavate and haul all contaminated area/soil. Councilman Shanks requested
that the public works staff contact the business owner of the strip mall and send
them a copy of the comment letter - praised the City staff and TAC for their
professionalism dealing with this problem - this shows how the people in Seal
Beach can rally together and work to get things accomplished. Councilman
Antos stressed his opinion to "dig and haul" down to good soil. Antos moved,
second by Levitt, to authorize the City Manager to sign, on behalf of the City, the
revised comment letter to the Orange County Health Care Agency (OCHCA)
concerning the ARCO Corrective Action Plan recommending to excavate and
haul all contaminated area/soil.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
The Mayor so ordered that staff notify and send a copy of the City's comment
letter to the business owner of the strip mall next to the contaminated ARCO site.
CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney
No report given.
CITY MANAGER REPORT David N. Carmany, City Manager
No report given.
COUNCIL COMMENTS
Councilman Miller addressed his concerns regarding the City Manager's salary
(increases not contractually allowed) - had asked for but never received a
redline /strike -out version of the MOU's to Resolution No. 5853 when it was
presented to Council for adoption - administrative leave time increased from 3
days a year to 12 days - amend contract so council approves any base salary
increases - need to have this issue investigated or placed an item on the agenda
for review. The City Attorney clarified the request that staff will bring back to
Council a staff report regarding the City Manager's salary and the City Manager's
deferred compensation - Mayor so ordered. Councilman Antos provided a hand
out and read from the municipal code - Chapter 28 Article 12.5 - Main Street
Specific Plan Zone pointing out section 28 -1251 - Limitations on Permitted Uses
with regard to the Cycle Shop on 300 block of Main Street - need to cite the
owners for any violations or hold a hearing to revoke their business license -
commented on an article in the Sun News (letter to the editor) about "Rule of
Law" City - stated that he will not be endorsing anyone for any of the council
seats in the upcoming election in November; Councilman Shanks discussed the
Central Avenue repaving project and the grass strip or bricks in the parkways -
requested that staff notify the residents that they could have pavers (supplied by
and at the cost to the resident) and the city will place them instead of planting
grass.
COUNCIL ITEMS
ITEM "A" / COUNCIL MINUTES / RETENTION OF VIDEO RECORDING OF
MEETINGS (continued from 06/14/10) (Miller)
Council made comments regarding the desire to retain the video recordings of
the Council meeting for a longer period of time, preserve them through donating
the recordings to the Seal Beach Historical Society, and have the recordings
accessible for the public. Mayor Sloan moved, second by Antos, to change the
retention of the video recordings of council meetings from 2 years to 10 years,
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donate the video recordings to the Seal Beach Historical Society at the end of the
10 year retention period, and have the video recordings available to the public.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "B" / DEPARTMENT OF WATER AND POWER ( "DWP ") PROPERTY /
ENVIRONMENTAL REVIEW PROCESS (Antos)
The Director of Development Service gave a brief outline of the DWP Specific
Plan review process - the process length would depend on the level of
environmental review - currently there is not enough information regarding the
project/plans from the applicants /property owners (Bay City Partners) - staff is
waiting for the applicant to sign the reimbursement agreement and make the
appropriate deposit. Council comments: there could be asbestos on the open
space area - needs to be tested; there is a pit where the clean -up was done. The
City Attorney stated that before the city can move forward with any environmental
review, the applicant (Bay City Partners) needs to sign the reimbursement
agreement and pay the necessary deposit - recommended that the Council hire a
consultant and consider the technical /professional recommendation before
determining what process to continue with a Mitigated Negative Declaration
and /or Environmental Impact Report. Antos moved, second by Levitt, to receive
and file the staff repot.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
C. By order of the Mayor this item was considered after oral communications.
C. Planning Commission - Environmental Quality Control Board - City Tree
Advisory Board - Ratify the appointment to the Planning Commission - declare
a vacancy on EQCB - accept resignation on CTAB.
CONSENT CALENDAR
Mayor Sloan asked to record his abstention on items "G" and "Y" due to a
potential conflict of interest. Antos moved, second by Levitt, to approve the
recommended actions on the agenda except for items pulled: "I" - "M" - "P" - "R"
- "S" - "V" - "X" for separate consideration. Items continued to the next meeting:
"Z" and "CC ". The City Attorney read the title of Ordinance No. 1597 (item "Q ")
on the consent calendar for the record.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
D. Approved the minutes of Adjourned and Regular City Council Meeting of
June 14, 2010 and the Special Council Meeting of June 28, 2010.
E. Approved the demands on Treasury.
Warrants: 83207 -83500 $2,985,664.00 Year -to -Date: $38,835,619.73
Payroll: Direct Deposits &
Checks $283,409.23 Year -to -Date: $7,339,683.19
Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals.
F. Received and field the monthly Investment Report: May 2010.
G. Adopted Resolution No. 6023 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET
AMENDMENT NO. 11 -01 -02 REVISING THE FISCAL YEAR 2010/11
BUDGET ". (Mayor Sloan abstained)
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H. Adopted Resolution No. 6024 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES
DISTRICT NO. 2002 -01 (HERON POINTE) ESTABLISHING ANNUAL
SPECIAL TAX FOR FISCAL YEAR 2010- 2011 ".
Removed for separate consideration. (Miller)
*I. Annual Special Tax for Community Facilities District No. 2002 -02 (Seal
Beach Blvd/Lampson Ave. Landscape Maintenance District) for FY 2010/11
— Adopt Resolution No. 6025 authorizing the 2009/10 annual special tax.
J. Adopted Resolution No. 6026 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES
DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER)
ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL YEAR 2010-
2011".
K. Approved the submission of a letter of support to Congresswoman Loretta
Sanchez for the reconstruction of Runway 4R -22L project at the Los
Alamitos Joint Forces Training Base (JFTB) and authorized the Mayor to
sign the letter.
L. Adopted Resolution No. 6027 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN
AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND GRACE
COMMUNITY CHURCH FOR USE OF PUBLIC PARKING" renewing the
contract for use of the 8th Street City Hall permit parking lot by members
of Grace Community Church (2010/2011 annual fee $1,849.50).
M. Removed for separate consideration. (Miller /Antos)
M. Seal Beach Housing Services - Request for Proposal - Approve lease of the
RFP and authorize staff to solicit proposals for the management and oversight of
Community Development Block Grant Program and the Home Improvement
Program.
N. Adopted Resolution No. 6028 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING
AMENDMENT NO. 1 EXTENDING THE CITY'S PARTICIPATION IN THE
HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE
COUNTY OF ORANGE, PROGRAM YEAR 2009 -2010 (CONTRACT NO.
KC09845) ".
O. Adopted Resolution No. 6029 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING
THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY
DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE,
PROGRAM YEAR 2010 -2011 AND AUTHORIZING EXECUTION OF
CONTRACT NO. KC10918 (LEISURE WORLD BATHROOM
ACCESSIBILITY PROGRAM) ". (funding in the amount of $200,000 - Budget
Amendment No 11- 01 -02)
P. Removed for separate consideration. (Shanks /Antos)
*P. Local Agency Formation Commission (LAFCO) - Adopt Resolution No. 6030
initiating a joint boundary adjustment process between the cities of Seal Beach,
Long Beach, and Los Alamitos and with Orange and Los Angeles counties.
O. Waived further reading and adopted Ordinance No. 1597 entitled "AN
ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 7.65
TO THE SEAL BEACH MUNICIPAL CODE REGARDING RESIDENCY
RESTRICTIONS ON REGISTERED SEX OFFENDERS PURSUANT TO
CALIFORNIA PENAL CODE § 3003.5(C)" - the City Attorney read the title
for the record.
Page-7 City Council 07/12/10
R. Removed for separate consideration. (Miller)
*R. Fire Station No. 48 Project No. BG0803 — Adopt Resolution No. 6031
declaring work to be completed per contract, file a Notice of Completion with the
Orange County Recorder, and release retention funds to AMG and Associates.
S. Removed for separate consideration. (Miller)
*S. McGaugh School Swimming Pool Renovation Project No. BG1006 - Adopt
Resolution No. 6032 declaring work to be completed per contract, file a Notice
of Completion with the Orange County Recorder, and release retention funds to
Commercial Aquatics Services.
T. Approved the RFP and authorize staff to solicit proposals for professional
engineering services for Project No. WT0901 - new 12 -inch water line on
Orange County Flood Control Water Main.
U. Item Not Used.
V. Removed for separate consideration. (Antos)
*V. Seal Beach Boulevard Resurfacing Project No. ST1005 - Approve the plans
and specifications for the resurfacing project for Seal Beach Blvd. from Pacific
Coast Highway and Bolsa Avenue. (Budget Amendment No 11- 01 -02)
W. Adopted Resolution No. 6033 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH, AUTHORIZING THE
SUBMITTAL OF A USED OIL PAYMENT PROGRAM APPLICATION TO
CAL RECYCLE FOR THE PURPOSE OF SECURING USED OIL GRANT
FUNDS AND TO IMPLEMENT AND CARRY OUT THE PURPOSES
SPECIFIED IN THE GRANT APPLICATION" (Budget Amendment No 11-
01 -02)
X. Removed for separate consideration. (Shanks)
*X. Seal Beach Mary Wilson Library Improvements — Accept a donation from the
"Friends of the Library" in the amount of $10,325 and authorize staff to proceed
with performing building improvements. (Budget Amendment No 11- 01 -02)
Y. Authorized the Mayor Pro Tern to sign a joint written request letter to
Caltrans regarding improvements to the SR 22 Studebaker Offramp and
adopted Resolution No. 6034 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL APPROVING THE FIRST AMENDMENT TO
THE AGREEMENT DATED DECEMBER 8, 2008 BETWEEN THE CITY
AND WILLDAN ENGINEERING FOR ENGINEERING SERVICES IN
CONNECTION WITH THE COLLEGE PARK WEST INTERSECTION
IMPROVEMENT PROJECT" (Budget Amendment No 11 -01 -02 - increase the cost
for services) (Mayor Sloan abstained)
Z. Continued to 08/09/10 City Council Meeting. (Miller)
*Z. 2010 Pavement Management Plan (PMP) - Adopt Resolution No. 6035
adopting the 2010 PMP.
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "I" / RESOLUTION NO. 6025 / ANN SPECIAL TAX / COMMU
FACILITIES DISTRICT NO. 2002 -02 ( Seal Beach Blvd / Lam pson Ave.
Landscape Maintenance District) / FISCAL YEAR 2010/11 (Miller)
Councilman Miller inquired what the area parcels are. Response: Area "A" -
Target Corp. and Levine Investments; Area "B" - Bixby Ranch Co.; Area "C" -
Seal Beach Land Partners, Lampson Ave Partners, Seal Beach Hotel and Seal
Beach Senior Housing. The City Attorney clarified that CFD No. 2002 -02 was
established and set in 2003 for landscaping maintenance (medians on Seal
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Beach Boulevard, median on Lampson for 500 feet, and parkway on the east
side) when the shopping center was formed, and at that time costs were passed
on to the owners in the tax areas - this can only be done when they transfer
ownership. Miller moved, second by Antos, to adopt Resolution No. 6025 entitle
"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 2010- 2011 ".
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "M" / REQUEST FOR PROPOSAL (RFP) / SEAL BEACH HOUSING
SERVICES / MANAGEMENT AND OVERSIGHT OF COMMUNITY
_DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME
IMPROVEMENT PROGRAM (Miller /Antos)
The Director of Development Services stated that the current contract has been
in place since 1998, generally contracts are re -bid every 5 years, and staff is
requesting Council to go out for an RFP. Councilman Miller and Councilman
Antos indicated that they are happy with the services from the current contract
with Civic Stone and did not think there is a need to go out for an RFP until after
their contract is up and then consider going out for bids instead of RFP - there
have been no complaints from the residents in Leisure World regarding the
services from Civic Stone. Levitt moved, second by Shanks, to receive and file
the staff report and no other action taken.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "P" / RESOLUTION NO. 6030 / LOCAL AGENCY FORMATION
COMMISSION (LAFCO) / INITIATING JOINT BOUNDARY ADJUSTMENTS
(Shanks /Antos)
Councilman Shanks received clarification on area #4 map - this is an area (4.97
acres) along the west edge of Hellman Ranch near Haynes Power Plant (located
in the City of Long Beach) and the cooling channel is attached to the property
and Seal Beach has no use for this property - this would clearly define where
both city boundaries begin and end. Shanks moved, second by Antos, to adopt
Resolution No. 6030 entitled "A RESOLUTION OF THE SEAL BEACH CITY
COUNCIL INITIATING A JOINT BOUNDARY ADJUSTMENT PROCESS
BETWEEN THE CITIES OF SEAL BEACH, LONG BEACH AND LOS
ALAMITOS AND THE COUNTY OF ORANGE AND THE COUNTY OF LOS
ANGELES ".
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "R" / RESOLUTION NO, 6031 / NOTICE OF COMPLETION / FIRE
STATION NO. 48 / PROJECT NO. BG0803 (AMG AND ASSOCIATES)
(Miller)
Councilman Miller stated his opinions - only using 5 of 10 dorms - the positive is
that the police emergency equipment is stored there - the site is not more secure
than the previous fire station (only 5 foot fence and no alarm system) - the
community room is still empty (no furniture) - clarified that he was not against the
new fire station just the process used - appears the City will utilize the full $6.3
million loan. Miller moved, second by Antos, to adopt Resolution No. 6031
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER
CONTRACT DOCUMENTS FOR FIRE STATION #48 PROJECT N0. BG0803 ";
and release the remaining retention to AMG and Associates.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Page - 9 City Council 07/12/10
ITEM "S" / RESOLUTION NO. 6032 / NOTICE OF COMPLETION / MCGAUGH
SWIMMING POOL / PROJECT NO. BG1006 (COMMERCIAL AQUATIC
SERVICES) (Miller)
Councilman Miller referred to the October 13, 2008 City Council meeting where
Greg Cannon of Rowley International Inc. had indicated there were leaks in the
pool piping - stated, remember there are no leaks in the piping (per Commercial
Aquatics Services) - personally would not recommend using this firm for any
future pool projects - the work just completed should have been done back in
2008. Miller moved, second by Antos, to adopt Resolution No. 6032 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT
DOCUMENTS FOR MCGAUGH SWIMMING POOL RENOVATION PROJECT
N0. BG1006 "; and release the remaining retention to Commercial Aquatic
Services.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "V" / SEAL BEACH BOULEVARD RESURFACING FROM PACIFIC
COAST HIGHWAY TO BOLSA AVENUE / PROJECT NO. ST1005 / PLANS
AND SPECIFICATIONS (Antos)
Councilman Antos inquired if this would include the raised median in the project -
Response: not at this time this is only for resurfacing - there will be separate
project to install medians - have applied for grant funding through ARRA act.
Antos moved, second by Shanks, to approve the plans and specifications for the
Seal Beach Boulevard Resurfacing Project No. ST1005 and authorized staff to
solicit bids. (Budget Amendment No 11- 01 -02)
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "X" / SEAL BEACH MARY WILSON LIBRARY IMPROVEMENTS /
FRIENDS OF THE LIBRARY DONATION ($10,325) (Shanks)
Councilman Shanks requested clarification on the ADA work - Response: the
memorandum (attachment A) listed the quotes for all the improvements the
Friends of the Library initially requested and elected not to include the handicap
ramp with rails ($18,000) - this was omitted from the project. Shanks moved,
second by Antos, to accept the donation from the Friends of the Library
($10,325) and authorized staff to proceed with the Mary Wilson Library building
improvements. (Budget Amendment No 11- 01 -02)
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PUBLIC HEARING
There were no items.
UNFINISHED /CONTINUED BUSINESS
ITEM "AA" / RESOLUTIO 6018 / 2010 BUILDING /FACILITY CONDITION
ASSESSMENT/ GRI FFIN STRUCTURES INC. ($88.650)
The Director of Public Works reviewed the process in selecting the firm to
conduct the 2010 Building /Facility Condition Assessment - at the June 14th
meeting the McGaugh pool facility was added to the list (additional cost of
$3,800) along with a request for additional items (add disclosure language in the
proposal - list of buildings and facilities in the contract - scope of work added to
proposal). Mayor Sloan expressed that he felt that the City staff could perform
the assessment on the facilities and should delay this cost for a couple of years;
Councilman Miller commented on the city building and facilities list and felt that
the pool decking and fencing should be included on the list for inspection and not
the facility - should inspect all the utilities on the pier not just what was in the
Moffat and Nichols report - inquired why there was not a disclosure of any
Page 10 - City Council 07/12/10
personal relationship with staff in the proposal. Deryl Robinson, representative
from Griffin Structures, verified the oversight in their proposal under 9. Disclosure
(page 41) to include that Griffin does not, to their knowledge, have any continuing
"personal" or professional relationship with any officer or employee of the City
and indicated that the pool decking inspection could be added to the list - when
asked responded it is within their scope of services to be able to review and
comment on the pool decking condition and the fencing. Miller moved, second
by Antos, to adopt Resolution No. 6018 entitle "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN STRUCTURES
FOR THE 2010 BUILDING /FACILITY CONDITION ASSESSMENT" and amend
the proposal to include the pool decking and fencing on the list (Appendix 1) of
City Building and Facilities. (Budget Amendment No 11- 01 -02)
AYES: Antos, Levitt, Miller
NOES: Shanks, Sloan Motion carried
NEW BUSINESS
BB. Item was reordered to be considered after Oral Communications.
(Shanks)
`BB. ARCO Corrective Action Plan (CAP) - June 19, 2010 - Authorize the City
Manager to sign the comment letter on the Arco Corrective Action Plan (CAP),
which, among other recommendations, requests that Orange County Health Care
Agency (OCHCA) require implementation of ARCO's remedial alternative no. 1
(on -site soil excavation).
CC. Continued to 09/09/10 City Council Meeting. (City Manager)
"CC. Review of General Fund Revenues and Expenditures Fiscal Year 2009/2010
- Receive and file.
With no objections Mayor Sloan recessed the meeting at 9:50 p.m. to reconvene
the closed session.
ADJOURNMENT
With no objections the Mayor adjourned the City Council at 11:05 p.m. to
Monday, August 9, 2010 at 6:00 p.m. to meet in closed session, if deemed
necessary.
(By action taken by the City Council on January 11, 2010 the regular City Council
meeting scheduled for July 19, 2010 was cancelled.)
y lerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk