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HomeMy WebLinkAboutSA AG PKT 2012-02-27 #1SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY DATE: February 27, 2012 TO: Honorable Chair and Board Members THRU: Jill R. Ingram, Executive Director FROM: Linda Devine, Secretary/City Clerk SUBJECT: APPROVAL OF REDEVELOPMENT /SUCCESSOR AGENCY MINUTES SUMMARY OF REQUEST: AGENDA STAFF REPORT Approve the minutes for the joint City Council- Redevelopment Agency -Seal Beach Financing Authority meeting held on December 12, 2011; joint City Council - Redevelopment Agency meeting held on January 23, 2012; and the special meeting of the Successor Agency of the former Seal Beach Redevelopment Agency held on February 13, 2012. BACKGROUND AND ANALYSIS: This section does not apply to this report. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no Financial Impact. Agenda Item 1 RECOMMENDATION: Approve the minutes for the joint City Council- Redevelopment Agency -Seal Beach Financing Authority meeting held on December 12, 2011; joint City Council - Redevelopment Agency meeting held on January 23, 2012; and the special meeting of the Successor Agency of the former Seal Beach Redevelopment Agency held on February 13, 2012. SUBMITTED BY: r /A, w Linda Devine, Secretary Page 2 NOTED AND APPROVED: Seal Beach California December 12, 2011 The City Council, Redevelopment Agency, and Seal Beach Financing Authority of the City of Seal Beach met in joint session at 7:00 p.m. with Mayor Levitt calling the meeting to order and Mayor Pro Tem Miller lead the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council & Board Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn M. Barrow, City Attomey /Legal Counsel Jill R. Ingram, City Manager /Executive Director Sean P. Crumby, Assistant City Manager /Public Works Mark Persico, Director of Development Services Chief Joe Bailey, Seal Beach Marine Safety /Lifeguard Department Chief Robert Luman, Seal Beach Police Department Shally Lin, Interim Director of Finance Linda Devine, City Clerk/Secretary APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Manager announced that item "K" was delivered to the Council on Friday and posted on the website (copies available at the City Clerk's desk), a memorandum was placed at the dais to include the appointment of Jerry Grandt as representative for District 5 to the AdHoc General Plan committee, and requested that item "E" be removed from the Consent Calendar for separate consideration; other items pulled from the Consent Calendar — Miller pulled item "E" and Deaton pulled item "J ". Sloan moved, second by Miller, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Deaton moved, second by Shanks, to approve the recommended actions on the consent calendar except for items "E" — "F" — "J" removed for separate consideration. The City Attorney stated that the minutes show that Councilman Sloan abstained on item "I" due to the possible appearance of a conflict of interest. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried A. Approved the Minutes of the Adjoumed and Regular City Council Meeting of November 14, 2011; the Redevelopment Agency Meeting of October 10, 2011; and the Seal Beach Financing Authority Joint Meeting of March 28, 2011. (Joint Item) E. Removed for separate consideration. (City Manager) *E. City of Seal Beach, Redevelopment Agency, and Seal Beach Financing Authority Annual Reports for fiscal year end, June 30, 2011 — Receive and file. (Joint Item) ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" / ANNUAL REPORTS FOR FISCAL YEAR END JUNE 30, 2011 / CITY OF SEAL BEACH, SEAL BEACH REDEVELOPMENT AGENCY, AND SEAL BEACH FINANCING AUTHORITY (Joint Item) (City Manager) The Assistant City Manager introduced Bryan Gruber from Lance, Soli & Lunghard (auditing firm) and asked him to provide an overview of the financial reports. The audit was conducted in accordance with generally accepted auditing standards and included examining, on a test basis, evidence supporting the amounts and disclosures to obtain reasonable assurance that the financial statements are free of material misstatements. In the opinion of the auditors, the financial statements fairly present, in all material respects, the financial position of the City of Seal Beach at June 30, 2011. The Audit Committee (Deaton and Miller) met with the auditors and staff to review the reports. With no objections the Mayor ordered that the City Council, Redevelopment Agency, and Financing Authority receive and file the annual reports for fiscal year ended June 30, 2011: the City's CAFR, the Annual SCR, the RDA Annual Reports (Independent Auditor's Report on the financial statement and on legal compliance; State Controller's Report. This report entitled "Annual Report of Financial Transactions of Community Redevelopment Agencies" contains the fiscal statement of the year; Statement of Indebtedness — Consolidated; Housing Activities Report; Blight Progress Report; Loan Report; Property Ownership Report; Eminent Domain & Time Limits Report; and Additional Activities /Information), the Auditor's Management Letter to the City Council (SAS112), Audit Communication Letter, the Appropriations Limit Agreed Upon Procedures Report, and the SBFA Annual Report of Special Districts. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ADJOURNMENT With no objections the Mayor adjourned the City Council at 8:57 p.m. to Monday, January 9, 2012 at 6:30 p.m. for closed session, if deemed necessary. City Clerk / Secretary City of Seal Beach Minutes Approved by City Council: January 9, 2012 Page 2 - RDA 12/12/11 Agency Chair NOTICE The following document has not been approved for accuracy and may be corrected, modified or amended before final approval. Because it is being made available prior to final action, it should not be considered a true record of the meeting. It is not the official Minutes of the City Council or RDA Board meeting, and cannot be relied on or used as an official record of the proceedings. Although the City of Seal Beach makes every effort to see that proper notes are taken at a meeting, and although draft Minutes are generally approved as submitted, changes and corrections are sometimes made before a final version is approved. The City therefore makes no warranty, expressed or implied, as to the contents of this document. Once Official Minutes have been approved, a copy can be obtained from the City Clerk. Seal Beach California January 23, 2012 The City Council and Redevelopment Agency met in joint session at 7:00 p.m. with Mayor Levitt calling the meeting to order and Eric Perez, representative for Boy Scout Troop 642, leading the Salute to the Flag. ROLL CALL Present: Mayor Levitt Council /Board Members: Miller, Shanks, Sloan Absent: Council Member Deaton Mayor Levitt stated that Councilwoman Deaton is on a scheduled vacation in China. Shanks moved, second by Sloan, to excuse Councilwoman Deaton from the meeting. AYES: Levitt, Miller, Shanks, Sloan ABSENT: Deaton NOES: None Motion carried City Staff: Quinn M. Barrow, City Attomey /Legal Counsel Jill R. Ingram, City Manager /Executive Director Sean P. Crumby, Assistant City Manager /Public Works Mark Persico, Director of Development Services Chief Joe Bailey, Seal Beach Marine Safety /Lifeguard Department Chief Robert Luman, Seal Beach Police Department Shally Lin, Interim Director of Finance Linda Devine, City Clerk /Secretary The City Attorney announced that the City Council will meet in joint session with RDA and each member present will receive a $30 stipend (in compliance with AB26 - The Brown Act now requires a verbal disclosure of the compensation or stipend that members of the `subsequent" legislative body will receive as a result of the convening of the simultaneous or sequential meeting). APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Attorney announced that at the request of the applicant (Harold Rothman — 400 Ocean Avenue) the public hearing for item "J" will be continued to March 12, 2012 and noted that revised copies of the following were placed on the dais for the Council and at the City Clerk's desk: exhibit "B" to Resolution No. 12 -01 (agenda item "F ") and the bus bench agreement (agenda item "H "). Mayor Pro Tem Miller removed item "F" from the Consent Calendar for separate consideration. Sloan moved, second by Shanks, to approve the agenda as amended. AYES: Levitt, Miller, Shanks, Sloan ABSENT: Deaton NOES: None *F. Pulled for separate consideration. (Miller) AYES: Levitt, Miller, Shanks, Sloan ABSENT: Deaton NOES: None Motion carried CONSENT CALENDAR Miller moved, second by Shanks, to approve the recommended actions on the consent calendar except for item "F" pulled for separation consideration. *F. Enforceable Obligation Payment Schedule (EOPS) — Adopt Resolution No. 12 -01 amending the original schedule to include payments obligated to be made after December 31, 2011. (Agency) Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR Page 2 — RDA 01/23/12 ITEM "F" / RESOLUTION NO. 12 -01 / ENFORCEABLE OBLIGATION PAYMENT SCHEDULE (EOPS) (Miller) Mayor Pro Tem Miller pulled this item for clarification of line item #4 (contract for consulting services — Civic Stone) and #17 (Zoeter field) on exhibit "B" attached to Resolution No. 12 -01. Miller moved, second by Shanks, to adopt as revised (exhibit "B ") Resolution No. 12 -01 entitled "A RESOLUTION OF THE SEAL BEACH REDEVELOPMENT AGENCY APPROVING AMENDMENTS TO THE ENFORCEABLE OBLIGATION PAYMENT SCHEDULE AND CERTAIN RELATED ACTIONS" amending the original schedule to include payments obligated to be made after December 31, 2011. (Agency) AYES: Levitt, Miller, Shanks, Sloan ABSENT: Deaton NOES: None Motion carried ADJOURNMENT With no objections the Mayor adjourned the City Council at 8:00 p.m. to Monday, February 13, 2012 at 6:30 p.m. for closed session, if deemed necessary. City Clerk / Secretary City of Seal Beach Minutes Approved by City Council: February 13, 2012 Agency Chair NOTICE: The following document has not been approved for accuracy and may be corrected, modified or amended before final approval. Because it is being made available prior to final action, it should not be considered a true record of the meeting. It is not the official Minutes of the City Council or RDA Board meeting, and cannot be retied on or used as an official record of the proceedings. Although the City of Seal Beach makes every effort to see that proper notes are taken at a meeting, and although draft Minutes are generally approved as submitted, changes and corrections are sometimes made before a final version is approved. The City therefore makes no warranty, expressed or implied, as to the contents of this document. Once Official Minutes have been approved, a copy can be obtained from the City Clerk. Seal Beach California February 13, 2012 The City Council met in regular session and the Successor Agency to the Redevelopment Agency met in special session at 7:11 p.m. with Mayor Levitt calling the meeting to order and Councilman Sloan leading the Salute to the Flag. The Special Meeting Notice of the Successor Agency. read as follows: CALL AND NOTICE OF SPECIAL MEETING OF THE SEAL BEACH CITY COUNCIL ACTING AS GOVERNING BODY OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY AND A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY TO THE PUBLIC AND CITY COUNCIL MEMBERS ACTING AS GOVERNING BODY OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY: Ellery A. Deaton, 130 - 4th Street, Seal Beach David W. Sloan, 209 College Park Drive, Seal Beach Gordon A. Shanks, 215 Surf Place, Seal Beach Gary A. Miller, 4632 Guava Avenue, Seal Beach Michael M. Levitt, 1380 Weeburn Road #81L, Seal Beach City of Seal Beach 211 - Bth Street Seal Beach, CA 90740 562 -431 -2527 www.sealbeachca.gov YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Govemment Code, Mayor Michael M. Levitt hereby calls a special meeting of the Seal Beach City Council acting as Goveming Body of the Successor Agency to the Seal Beach Redevelopment Agency and a special meeting of the Board of Directors of the Successor Agency to the Seal Beach Redevelopment Agency to be convened in the City Council Chambers, Seal Beach City Hall, 211 — 8th Street, Seal Beach, California, 90740 on Monday, February 13, 2012 at 7:00 p.m. The business to be transacted at the special meeting is as follows: 1. Adoption of a Resolution of the City Council Acting as the Goveming Body for the Successor Agency to the Seal Beach Redevelopment Agency Establishing Rules and Regulations for the Operations of the Successor Agency as a New Legal Entity Separate from the City and Taking Certain Actions in Connection Therewith; 2. Adoption of a Resolution of the Board of Directors of the Successor Agency to the Seal Beach Redevelopment Agency Creating a Redevelopment Obligation Retirement Fund and Taking Certain Actions in Connection Therewith; 3. Adoption of a Resolution of the Board of Directors of the Successor Agency to the Seal Beach Redevelopment Agency Adopting an Enforceable Obligation Payment Schedule and Taking Certain Actions in Connection Therewith; and 4. Adoption of a Resolution of the Board of Directors of the Successor Agency to the Seal Beach Redevelopment Agency Authorizing the Investment of Moneys in the Local Agency Investment Fund of the State of Califomia and Taking Certain Actions in Connection Therewith. Please note that members of the public will be provided the opportunity to directly address the City Council conceming the items described above before the City Council considers such items. No other business shall be considered. DATED THIS 8th day of February 2012. /s/ Michael M. Levitt, Mayor City of Seal Beach Page 2 — Successor Agency 02/13/12 ROLL CALL Present: Mayor /Chair Levitt Council /Board Members: Deaton, Miller, Shanks, Sloan City Staff: Quinn M. Barrow, City Attorney /Legal Counsel Jill R. Ingram, City Manager /Executive Director Sean P. Crumby, Assistant City Manager /Public Works Mark Persico, Director of Development Services Chief Joe Bailey, Seal Beach Marine Safety /Lifeguard Department Chief Robert Luman, Seal Beach Police Department Shally Lin, Interim Director of Finance Linda Devine, City Clerk/Secretary APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Councilman Shanks removed item "H" and Councilwoman Deaton removed item "I" from the Consent Calendar for separate consideration. Sloan moved, second by Miller, to approve the agenda as amended. AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried SUCCESSOR AGENCY MATTERS The City Attorney stated that this is the first time the Successor Agency is meeting and there are 4 resolutions for consideration as part of the process in the dissolution of the redevelopment agency: Shanks moved, second by Sloan, to adopt Resolution No. 6222 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACTING AS THE GOVERNING BODY FOR THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY PURSUANT TO PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATIONS OF THE SUCCESSOR AGENCY AS A NEW LEGAL ENTITY SEPARATE FROM THE CITY AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH ". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Shanks moved, second by Levitt, to adopt Resolution No. SA 12 -01 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY CREATING A REDEVELOPMENT OBLIGATION RETIREMENT FUND PURSUANT TO HEALTH AND SAFETY CODE SECTION 34170.5 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH ". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Shanks moved, second by Sloan, adopt Resolution No. SA 12 -02 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY AUTHORIZING THE INVESTMENT OF MONEYS IN THE LOCAL AGENCY INVESTMENT FUND OF THE STATE OF CALIFORNIA AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH ". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Page - 3 City Council 02/13/12 Shanks moved, second by Levitt, to adopt Resolution No. SA 12 -03 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH ". AYES: Deaton, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ADJOURNMENT Mayor Levitt adjourned the City Council meeting in the memory of Villa Park City Council member Bob Fauteux. With no objections the Mayor adjourned the City Council at 8:42 p.m. to Monday, February 27, 2012 at 6:30 p.m. for closed session, if deemed necessary. City Clerk / Secretary City of Seal Beach Mayor /Chair NOTICE: The following document has not been approved for accuracy and may be corrected, modified or amended before final approval. Because it is being made available prior to final action, it should not be considered a true record of the meeting. It is not the official Minutes of the City Council or Successor Agency Board meeting, and cannot be relied on or used as an official record of the proceedings. Although the City of Seal Beach makes every effort to see that proper notes are taken at a meeting, and although draft Minutes are generally approved as submitted, changes and corrections are sometimes made before a final version Is approved. The City therefore makes no warranty, expressed or implied, as to the contents of this document. Once Official Minutes have been approved, a copy can be obtained from the City Clerk.