HomeMy WebLinkAboutCC AG PKT 2009-01-12 #FAGENDA STAFF REPORT
DATE: January 12, 2009
TO: Honorable Mayor and City Council /Seal Beach Public Financing
Authority Board
THRU: David Carmany. City Manager
FROM: Linda Devine, City Clerk
SUBJECT: APPROVAL OF MINUTES -CITY COUNCIL AND SEAL
BEACH PUBLIC FINANCING AUTHORITY
SUMMARY OF REQUEST:
Approve minutes of joint meeting held on December 08, 2008 for regular City
Council meeting and for the Seal Beach Public Financing Authority special
meeting.
BACKGROUND:
None
FINANCIAL IMPACT:
None
RECOMMENDATION:
Approve minutes of joint meeting held on December 08, 2008 for regular City
Council meeting and for the Seal Beach Public Financing Authority special
meeting.
SUBMITTED BY: NOTED AND APPROVED:
~ ~ , ~~
in a Devine, City Clerk David Carmany, City Manager
Attachments:
A. Minutes
Agenda Item F
Seal Beach California
December 08, 2008
Mayor Pro Tem Levitt 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: Councilmembers Levitt. Miller, Shanks, Sloan
Mayor Antos arrived at 6:03 p.m.
Also present David Carmany, City Manager
Quinn Barrow, City Attorney
Linda Devine. City Clerk
CLOSED SESSION
The City Attomey stated that this would be the time far members of the public to
comment on the items identified on the agenda, there were no speakers.
The City Attomey announced that pursuant to the Brown Act the City Council
would meet in closed session to discuss the item on the closed session agenda
in accordance to Government Code Section 54957 Public Employment
Evaluation -City Manager
ADJOURNMENT
It was the order of the Chair, with consent of the Council to adjourn the Closed
Session at 7:04 p.m.
(The City Attomey announced at the regular council meeting that council gave
directions to the City Attomey and there was no other reportable acticn taken.)
City Clerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
Page 2 • City Council 12-OS-OS
Seai Beach, California
December 08, 2008
The Clty Council of the City of Seal Beach and the Seal Beach Public Financing
Authority met in special joint session at 7:07 p.m. with Mayor Antos calling the
meeting to order with the Salute to the Flag.
The Special Meeting Notice read aS follows:
CALL AND NOTICE OF A SPECIAL MEETING
OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY
TO MEMBERS OF THE BOARD OF DIRECTORS OF THE SEAL BEACH PUBLIC
FINANCING AUTHORITY
YOU ARE HEREBY NOTIFIED THAT, pursuant to Sec9on 56956 of the Calllomia
Government Code, Chapman Chadea J Antos herehy calls a special meetlrtg of the Seal
Beach Puhlic Flnanang Autharlty to be cornenetl In the Clty Counal Chamber, 211 ~ 8th
Street, Seal Beach, California, 90740 on December 8, 2008 at 7 00 p m. for the purpose
of discussing and taking acaon on the following item
Leese Ravanua Bonds, Series 2009 - Afler a puhllc heanng, Me Seal Beach Puhlic
Flnanang Authanty will consider adapting Resolution No. FA 09-01 authodrtng the sale,
Issuance antl tlelrvery of Lease Revenue Bonds, approving as to form and authodzing the
execuaon antl tlelhrery of related documents antl authanztng other matters relaung to the
issuance of the bonds
Please note that members of Ne puhlic xall be provided an opportunlry to directly address
the Board conceming any Item tleacnbad herein belore ar tlunng conaitleratlon of that
item
Datetl this Sttl tlay of December 2008
/s/ Chadea J Antos, Chairman
ROLL CALL
Present: Mayor/Chairman Antos
Council Members/Board Members Levitt, Miller, Shanks, Sloan
Others present: David Carmany, City Manager
Quinn Barrow, City Attorney
Lee Whittenberg, Director of Development Services
Vince Mastrosimone, Director of Public Works
Robbeyn Bird, Director of Administrative Services/Treasurer
Chief Jeff Kirkpatrick, SB Police Department
Jill Ingram, Assistant to the City Manager
Lieutenant Tim Olson, SB Police Department
Captain Joe Bailey, SB Lifeguard Department
Battalion Chief Don Forsythe, OCFA
Anita Chapanond, Administrative Assistant
Marisa Salicos, City Clerk Aide
Linda Devine, City Clerk
Mayor Antos requested that item "X" -Declare the Results of the November 4,
2008 Seal Beach General Municipal Election and Swearing-in be placed before
Presentations/Recognitions Agenda items removed from the Consent Calendar
for separate consideration: item "H" -Levitt; item "L" -Shanks; item "M" -Miller;
and item "T' -Sloan. Shanks moved, second by Miller, to approve the agenda as
amended.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES. None Motion carried
Page - 3 City Council 12-08-OS
Shanks moved, second by Miller, to adopt Resolution Number 5825 entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 4, 2008 DECLARING THE RESULT AND
SUCH OTHER MATTERS AS PROVIDED BY LAW".
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion corned
SWEARING-IN OF ELECTED OFFICIALS
The City Attorney swore-in the re-elected Ciry Clerk, Linda Devine (full 4-year
term). The City Clerk swore-in the newly elected City Councilmembers: David
W. Sloan -District 2 (full 4-year term) and Gary A. Miller -District 4 (full 4-year
term).
'Seal Beach Police Department -Fire Arm Destruction -Chief Kirkpatrick gave a
bdef presentation.
ORAL COMMUNICATION
Mayor Antos declared Oral Communications to be open. Speakers: Paule
McKenna, Jade Cove, promoting non-profit at risk children program called "Blue
Art Club"; Brent Goodwin, 7th Street, spoke in support of "Blue Art Club".
Speakers regarding item "A" (Bixby donation) money should be earmarked for
College Park East residents: Patty Campbell, Ironwood; Nicholas Renee,
College Park East; Schelly Sustarsic, Candlewood. Speakers supporting
Councilman Levitt becoming next Mayor: Eldon Alexander, 8th Street; Scott
Levitt, 13th Street, Peggy Kenna, Old Town; Gail Levitt, Leisure World; Helen
Levitt, Seal Beach. Other speakers: Seth Eaker, Chamber/13th Street, supports
the orderly progression and tradition of the selection of mayor, thanked staff and
council for their on-going support, and would like to see the parking issue
resolved at the Pavilion Center; Robert Goldberg, Clipper Way, spoke on item "L"
- in favor of 4 year terms, but not term limits on Recreation and Parks
Commission; Mike Buhbe, Seal Beach for 2 stories, commented on the majodty
win by the voters of Seal Beach on measure Z; Mary Lewis, 8th SVeet, believes
that the majority of the council caused the disruption in the community over 2
stories versus 3 stodes; John Wall, Hill area, would like to see dogs allowed on
the beach. There were no other speakers; Mayor Antos declared Oral
Communications closed.
With no objections Mayor Antos recessed the meeting at 8.05 p.m. and
reconvened the meeting at 8:14 p.m.
CITY ATTORNEY REPORT
The City Attomey reported that the City Council met in closed session at 6:00
p.m. to discussion the item on the agenda -Public Employment Evaluation,
Government Code 54957 (Title: City Manager) and gave direction to the City
Attorney; there was no other reportable action taken.
CITY MANAGER REPORT
No report was given.
COUNCIL COMMENTS
Counclman Shanks indicated that being Mayor Pro Tem does not mean you will
become the next Mayor and stated that after the election the mood changed and
we need to support our friends. Mayor Pro Tem Levitt said that being the Mayor
Pro Tem he would hope to get the support of the other councilmembere to be the
next Mayor, the height lima issue has been divisive, and the City needs to heal.
Ccuncilman Miller commented that 1) the language in section 3.1 of the tennis
center agreement that was discussed at the last council meeting should be
Page 4 -City Council 12-08-08
incorporated in the school district joint agreement for the use of the tennis center,
2) the rate schedule for the tennis center should be approved by the council, and
3) would like to have council give the Recreation and Parks Commission clearer
tlvections regarding the swimming pool issue. Mayor Antos wishetl everyone a
Merry Christmas and a Happy New Year, stated he enjoyed being the Mayor and
felt he did an adequate job, and thanked his family for their support.
OOUNCIL ITEM
ITEM "A" / 2004 BIXBY DONATION (Miller)
The Director of Administrative Services gave a background report on the 2004
Bixby agreement regarding the $1,000,000 donation. Councilman Miller
commented that it was negotiated with the Council and Bixby that the $1M
donation would be spent for the benefit of residents in College Park East and not
for general use of the City; the tennis center was in poor condition when the City
took possession of it and aver half of the donated funds were used to refurbish it;
the remainder of the funds should not be used for the on-going maintenance of
the tennis center; should earmark the remaining funds of $477,000 for College
Park East use only and not for the tennis center. Councilman Shanks believed
that the Bixby agreement intended language was for the $1 M be designated for
College Park East, but opposed the exclusion of any of the remaining funds
being used for the tennis center. Councilman Sloan would like to make sure the
expenditures are monitored. Councilman Levitt stated that if funds are
designated for College Park East that his district could also use some designated
funds from the General Fund. Miller moved, second by Sloan, to designate
$477,000 from the General Fund for use in College Park East.
AYES. Antos, Miller, Shanks, Sloan
NOES: Levitt Motion carried
ITEM "B" /HONORARY BADGES FOR COUNCILMEMBERS (Miller)
The Seal Beach Chief of Police provided the Council with information regarding
the issuance of an honorary (facsimile) badge to elected officials and stated he
was not in favor of elected officials having such badges. Cauncdman Miller
indicated that he requested that Counalmembers be issued some type of
identification to be used in the event of an emergency where they need to be
permitted to enter an area closed off to the public.
With no objection Council agreed to have ID cards issued to all Councilmembers.
ITEM "C" /PAINTING RED CURBS /FIRE HYDRANTS (Miller)
The Director of Public Works recommended that any violations of Vehicle Code
Section 22514 be addressed through enforcement rather than red curbs.
Parking in front of fire hydrants is already covered in the California Vehicle Code
and painting would be redundant If there is a pattern of repeated violations by
motorists parking next to particular fire hydrants, it can be addressed by
increased enforcement by the Police Department. Painting the curbs would be
expensive and they would need to be repainted every 2-3 years due to the
quality of paint that is allowed to be used and many people would object to
having red curbs in front of their home or business.
With no objection it was requested to have staff provide a report on the estimated
cost of painting red curbs adjacent to fire hydrants citywide.
CONSENT CALENDAR -ITEMS "D" thru "V"
Sloan moved, second by Miller, to approve recommended actions for the items
on the Consent Calendar as presented except for items "H", "L", "M", and 'T'
pulled for separate consideration. The City Attorney read the titles of Ordinance
Number 1580 (item "O") and Ordinance Number 1581 (item "P") for the record.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Page - 5 City Council 12-08-08
D. Approved the minutes of the City Council Regular Meeting held on
November 10, 2008.
E. Approved regular demands numbered 73771 through 74083 in the amount
of $1,311,637.26; payroll demands numbered 73897 through 73929 in the
amount of $241,048.52; numbered 74084 through 74121 in the amount of
$251,596.40 and authorized warrants to be drawn on the Treasury for
same.
F. Received and filed the Monthly Investment Report -September 2008.
G. Adopted Resolution Number 5814 entitled "A RESOLUTION OF THE
SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT
NO. 09-06-01 TO INCREASE THE DEVELOPMENT SERVICES
DEPARTMENT BUDGET FOR PROFESSIONAL SERVICES".
H. Item pulled for separate consideration -Levitt
•H. AMPCO Beach Parking Agreement -Adopt Resolution No. 5815 approving
renewal agreement with AMPCO for parking meters service for the beach parking lots.
I. Adopted Resolution Number 5816 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA ,SETTING THE APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2008-09". ($22,240,818)
J Received and filed the Special Tax Bonds, Series 2005 Annual report for
Community Facilities District (CFD) No. 2002-01 (Heron Pointe).
K. Received and filed the Special Tax Bonds, Series 2006 Annual Report for
Community Facilities District (CFD) No 2005-01 (Pacific Gateway
Business Center).
L. Item pulled for separate consideration -Shanks
'L. Recreation and Parks Commission - Introduce Ordinance No. 1582
amending Muniapal Code secticn 3.10.015 relating to the composition of the commission
and schedule adoption for the next council meeting
M. Item pulled for separate consideration -Miller
'M. Mitigated Negative Declaration NOBJ, Fire Station f148 Replacement Project
- Adopt Resolution No. 5817 adopting MND #08-3 and instruct staff to file the
appropriate documentation with the County of Orange.
N. Adopted Resolution Number 5818 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH CONEXUS". (Update Housing Element)
O. Adopted Ordinance Number 1580 entitled "AN ORDINANCE OF THE
CITY OF SEAL BEACH PROHIBITING THE ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY". (adding §
5.70.025 -Medical Marijuana Dispensaries)
P. Adopted Ordinance Number 1581 entitled "AN ORDINANCE OF THE
CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL
CODE RELATING TO URINATING AND DEFECATING IN PUBLIC".
Adding §7.35.010.8.8 -Human Waste Disposal, urinating or defecating in
public places or public view.
O. Adopted Resolution Number 5819 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING
Page 6 -City Council 12-08-08
AGREEMENT TO RECEIVE GRANT FUNDED AMATEUR RADIO
EQUIPMENT (UASI)". (Winlink 2000- RACES)
R. Adopted Resolution Number 5823 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA
DECLARING WORK TO BE COMPLETED PER CONTRACT
DOCUMENTS FOR ANNUAL WINTER SAND BERM CONSTRUCTION
AND REMOVAL (E.C. CONSTRUCTION CO.)".
S. Adopted Resolution Number 5821 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING
AMENDMENT NO. 1 TO THE MASTER FUNDING AGREEMENT NO. C-
95-991 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY".
Item pulled for separate consideration -Sloan
`T. Feasibility Study Related to SR 22 / Studebaker Road West-bound Freeway
Ramp -Adopt Resolution No. 5822 approving agreement with Willdan to conduct a
feasibility study for potential solutions for this intersection (College Park West
neighborhood).
U. Adopted Resolution Number 5791 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE
RELEASE OF SECURITY BONDS FOR BOEING REALTY
CORPORATION, PACIFIC GATEWAY BUSINESS CENTER, TRACT NO.
16375".
V. Adopted Resolution Number 5820 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA
APPROVING THE SURFSIDE BEACH CLEANING AGREEMENT WITH
SURFSIDE COLONY, LTD. AND APPROVE PAYMENT FOR SERVICES
RENDERED".
ITEMS REMOVED FROM THE CONSENT CALENDAR
SERVICE AGREEMENT (Levitt)
The Director of Administrative Services gave a brief staff report. Councilman
Levitt asketl for clarification regarding the use of credit cards. Response: the
new machines will be compliant with the new law having encryption device for
security. (LUKE pay machine specifications are attached to agreement)
Levitt moved, second by Miller, to adopt Resolution Number 5815 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA APPROVING AN AGREEMENT FOR PARKING FEE
COLLECTIONS (AMPCO SYSTEM PARKING)".
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES. None Motion carried
The Assistant to the City Manager presented the staff report and recommended
Council approves the change of term for the Recreation and Parks Commission
to be consistent with the Planning Commission. Councilman Shanks stated that
he was in favor of aligning the tens of the commissioners to the council term, but
did not want to have term limits and requested that staff look into removing tens
limits to the Planning Commission and the EOCB (Environmental Quality Control
Board).
Shanks moved, second by Sloan, to amend and introduce Ordinance Number
1582 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
SECTION 3.10.015 OF THE SEAL BEACH MUNICIPAL CODE, RELATED TO
THE COMPOSITION OF THE RECREATION AND PARKS COMMISSION".
Page - 7 City Council 12-OS-08
(delete wording regarding term limits) The City Attorney read the title for the
record. With no objection staff will present to Council an ordinance to remove
term limits for the Planning Commission and EOCB.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carned
Councilman Miller inquired about the community center room being renamed
training center and EOC and adequate parking. Response from Director of
Development Services: the community room will still be available and will be
rented Tike all the other city facilities -there are 15 parking stalls and on-street
parking. The City needs to have aback-up EOC (emergency operation center)
because the current EOC located in the police department is on a major
earthquake fault line.
Miller moved, second by Sloan, to adopt Resolution Number 5817 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
ADOPTING MITIGATED NEGATIVE DECLARATION 08-3, FIRE STATION 48
REPLACEMENT PROJECT, AND INSTRUCTING STAFF TO FILE
APPROPRIATE DOCUMENTATION W ITH THE COUNTY OF ORANGE".
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carded
Councilman Sloan removed this item to commend the staff for pursuing this issue
and coordinating the five agencies involved to finally address the ingress and
egress to the College Park West neighborhood and have some potential
solutions for this intersection.
Sloan moved, second by Miller, to adopt Resolution Number 5822 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA APPROVING PROFESSIONAL SERVICES AGREEMENT WITH
WILLDAN ENGINEERING FOR ENGINEERING SERVICES FOR SR
22/STUDEBAKER ROAD FEASIBILITY STUDY".
AYES. Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PUBLIC HEARING
Mayor Antos announced this was the time and place for a joint public hearing for
City Council and the Seal Beach Public Financing Authority to consider adoption
of Resolution No. 5824 (City of Seal Beach) and Resolution No. FA 08-01 (Seal
Beach Public Financing Authority) to authorize the issuance of Lease Revenue
Bonds, approve the form of and authorize the execution and delivery by the City
Manager of an Indenture, Lease, Sublease, Assignment Agreement, Bond
Purchase Agreement with Bank of America, and make a Finding of Public
Benefit. The City Clerk stated that the public hearing notice was published in the
Sun newspaper on November 27th, 2008, and no correspondence for or against
the matter was received. The City Manager introduced Lolly Enriquez, Bond
counselor from Richards, Watson, & Gershon and Mike Whipple, financial
advisor from MF Whipple & Associates. Mr Whipple presented an overview of
the Seal Beach Public Financing Authority Lease Revenue Bonds, Series 2009
for the Fire Station Financing (presentation on file in the Office of the Cily Clerk)
and explained what actions are requested to be taken at this joint meeting.
Proposed time table: Receive construction bids -January 6th; Pre-closing
(complete all documents) -January 7th; and Closing -January 8th. Summary of
Page 8 -City Council 12-OS-08
terms: Issue -Seal Beach Public Financing Authority, Lease Revenue Bonds,
Series 2009 (Fre Station); Amount not to exceed - 59,000,000; Term - 15 year
maturity (quartedy payments); Indicative Rate as of 12-08-08 - 4.2%; Original
Purchaser -Bank of America; Trustee -Wells Fargo Bank; Bond Counsel -
Richards, Watson, & Gershon; Financial Advisor - MF Whipple & Associates.
Mayor Antos then opened the public hearing. Speakers: Robert Goldberg.
Clipper Way, suggested council wait to see if the federal govemment (new
administration) could fund part of the protect and should have the City's
Washington lobbyist push some funding or a 0°,6 loan -there is no urgency for
the fire station replacement; and Eldon Alexander, 8th Street, questioned what a
postponement of the protect would do to the agreement with Leisure World for
(eased area far temporary fire station. There were no other speakers the Mayor
closed the public hearing.
Council concerns and responses:
• Bank of America has competitive rates and was selected because there is an
existing relationship with the City and many of the other financial institutions
no longer exist -the advantage is the 4.2°~ interest rate and minimal costs
associated with this transaction and minimized disclosure requirements.
• 15 year financing lease payment includes the leasing of the City facilities that
are used for collateral.
• After completion of the fire station there will be a valuation of the new fire
station to determine if it adequate to secure the obligation - it is anticipated
that it would be adequate - if not there would be continued collateral
obligation on the City Hall.
• The law and constitution do not require collateral for the Pension Obligation
Bonds due to refinancing an existing unfunded debt obligation.
• Could use general fund reserves to pay for the fire station and upon
completion refinance -council could adopt a resolution which would anticipate
at some future date an option to issue debt.
• Wait to see if the City could qualify for federal government funds -would
rather not use city hall and police station as collateral -too many economic
uncertainties for neM year
• Council would Tike to approve the award of bid for the project (Ot-12-09)
before closing date.
• Assumption is that the bids will come in lower because of the economic
situation of the country.
• If City lobbyist could give a timeline as to when there would be funds available
then it would be worth delaying the project.
• If there are federal funds available it would take at least one year to apply for
it -funds would go through the state and/or county.
• Currently the City is in a position which the interest rates are at an historical
low -benefit right now with low construction costs and low interest rates.
With no obtection the pre-closing date was changed to January 14th and bond
closing date changed to January 15th. The City Attorney clarified that if Council
adopts the resolutions with the date changes then on January 12th Council will
have the opportunity before the bonds are issued to stop the process.
Shanks moved, second by Levitt, to amend and adopt Resolution Number 5824
entitles "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH MAKING A FINDING OF PUBLIC BENEFIT AND APPROVING AS TO
FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN
DOCUMENTS IN CONNECTION WITH THE ISSUANCE AND SALE OF SEAL
BEACH PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES
2009, AND AUTHORIZING CERTAIN OTHER MATTERS RELATING
THERETO".
AYES Antos, Levitt, Shanks, Sloan
NOES: Miller Motion carded
Page - 9 City Council 12-08-08
Sloan moved, second by Shanks, to amend and adopt Resolution Number FA
08-01 entitled "A RESOLUTION OF THE SEAL BEACH PUBLIC FINANCING
AUTHORITY AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF
LEASE REVENUE BONDS AND APPROVING AS TO FORM AND
AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS
RELATING THERETO AND AUTHORIZING CERTAIN OTHER MATTERS
RELATING THERETO".
AYES: Antos, Levitt, Shanks, Sloan
NOES: Miller Motion carried
UNFINISHED BUSINESS
None at this time.
With no objection the Mayor called a recess at 10:03 p.m. and reconvened the
meeting at 10:08 p.m.
NEW BUSINESS
ITEM "Y" /CITY COUNCIL RE-ORGANIZATION 1 SELECTION OF 2009
MAYOR AND MAYOR PRO TEM
Mayor Antos called for nominations for 2009 Mayor and Mayor Pro Tem:
Miller moved, second by Antos to nominate Gordon Shanks -District Three for
the 2009 Mayor. No other nominations.
AYES: Antos, Miller, Shanks, Sloan
NOES: Levitt Motion carried
Antos moved, second by Miller, to nominate David Sloan -District Two for the
2009 Mayor Pro Tem. No other nominations.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Mayor Antos recessed the City Council to the Seal Beach Redevelopment
Agency meeting at 10:10 and newly selected Mayor Shanks reconvened the
meeting at 10:12.
Newly selected Mayor Shanks remarked that people are important to the City
and the Councilmembers that supported Measure "Z' felt it was right for the City.
ADJOURNMENT
It was the order of the Chair, with consent of the Ccuncil, to adjourn the City
Council meeting at 10:15 p.m. to January 12, 2009 at 6:30 p.m. to meet in closed
session, if deemed necessary and canceled the December 22, 2008 Ciiy Council
meeting.
City Clerk
City of Seal Beach
Approved:
Attest:
Mayor
City Clerk
Page 10 -City Council 12-08-08
Seal Beach California
December 22, 2008
The regular City Council meeting scheduled for this date was cancelled by action
of the council and adjourned to January 12, 2009 at 6:30 p m. to meet in closed
session, if deemed necessary.
City Clerk and ex-officio Clerk
Of the City of Seal Beach
THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH.
Seal Beach Public Financing Authority
Meeting Minutes
December 08, 2008
Seal Beach, California
December 08, 2008
The City Council of the City of Seal Beach and the Seal Beach Public Financing
Authority met in a special joint session at 7:07 p.m. with Mayor Antos calling the
meeting to order with the Salute to the Flag.
The Special Meeting Notice read as follows:
CALL AND NOTICE OF A SPECIAL MEETING
OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY
TO MEMBERS OF THE BOARD OF DIRECTORS OF THE SEAL BEACH PUBLIC
FINANCING AUTHORITY
YOU ARE HEREBY NOTIFIED THAT, pureuant to Section 54956 of the California
Gwemment Cotle, Chairman Chades J Antos hereby calls a special meebng of the Seal
Beach Public Financirq Authonty to be convened in the City Council Chamber, 211 - 8th
Street, Seal Beach, California, 90740 on December B, 2008 at 700 p m far the purpose
of diswssing and taking acaon on the following item
Lease Revenue Bonds, Serlec 2009 - Attar a public heanng, the Seal Beach Public
Financing Anthony will consaier adopbng Resolution No. FA OB-0t authonzing the sale,
issuance antl tlelrvery of Lease Revenue Bonds, approving es to form and authoriang the
execusan antl delivery of related tlocuments antl authormng other matters relating to the
Issuance of the hantls
Please note that members of the public will he providetl an opportunity W directly adtlress
the Board concerning any item tlescrihed herein before or tludng considaranon of that
nem
Dated this 5th day of December 2005
/s/ Charles J Ant0.9, Chairman
ROLL CALL
Present: Mayor/Chairman Antos
Council Members/Board Members Levitt, Miller, Shanks, Sloan
Others present: David Carmany, Clty Manager
Quinn Barrow, City Attorney
Lee Whittenberg, Director of Development Services
Vince Mastrosimone, Director of Public Works
Robbeyn Bins, Director of Administrative Serviceslfreasurer
Chief Jeff Kirkpatrick, SB Police Department
Jill Ingram, Assistant to the Clty Manager
Lieutenant Tim Olson, SB Police Department
Captain Joe Bailey, SB Lifeguard Department
Battalion Chief Don Forsythe, OCFA
Anita Chapanond, Administrative Assistant
Marisa Salicos, City Clerk Aide
Linda Devine, City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
8 ORDINANCES
Mayor Antos requested that item "X" -Declare the Results of the November 4,
2008 Seal Beach General Municipal Election and Swearing-in be placed before
Presentations/Recognttions. Agenda items removed from the Consent Calendar
for separate consideration: item "H" -Levitt; item "L" -Shanks; item "M" -Miller,
and item "T' -Sloan. Shanks moved, second by Miller, to approve the agenda as
amended.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Seal Beach Public Financing Authority
PUBLIC HEARING
Mayor Antos announced this was the time and place for a joint public hearing for
City Council and the Seal Beach Public Financing Authority to consider adoption
of Resolution No. 5824 (City of Seal Beach) and Resolution No. FA 08-01 (Seal
Beach Public Financing Authority) to authorize the issuance of Lease Revenue
Bonds, approve the form of and authorize the execution and delivery by the City
Manager of an Indenture, Lease, Sublease, Assignment Agreement, Bond
Purchase Agreement with Bank of America, and make a Finding of Public
Benefit. The City Clerk stated that the public hearing notice was published in the
Sun newspaper on November 27th, 2008, and no correspondence for or against
the matter was received. The City Manager introduced Lolly Enriquez, Bond
counselor from Richards, Watson, & Gershon and Mike Whipple, financial
advisor from MF Whipple & Associates. Mr. Whipple presented an overview of
the Seal Beach Public Financing Authority Lease Revenue Bonds, Series 2009
for the Fire Station Financing (presentation on file in the Office of the City Clerk)
and explained what actions are requested to be taken at this joint meeting.
Proposed time table: Receive construction bids -January 6th; Preclosing
(complete all documents) -January 7th; and Closing -January 8th. Summary of
terms: Issue -Seal Beach Public Financing Authority, Lease Revenue Bonds,
Series 2009 (Fire Station); Amount not to exceed - $9,000,000; Term - 15 year
maturity (quarterly payments); Indicative Rate as of 12-OS-OS - 4.2%; Original
Purchaser -Bank of Amerca; Trustee - Welis Fargo Bank; Bond Counsel -
Richards, Watson, & Gershon; Financial Advisor - MF Whipple & Associates.
Mayor Antos then opened the public heanng. Speakers: Robert Goldberg.
Clipper Way, suggested council wait to see if the federal government (new
administration) could fund part of the project and should have the City's
Washington lobbyist push some funding or a 0% loan -there is no urgency for
the fire station replacement; and Eldon Alexander, 8th Street, questioned what a
postponement of the project would do to the agreement with Leisure World for
leased area for temporary fire station. There were no other speakers the Mayor
closed the public hearing.
Council concerns and responses:
• Bank of America has competitive rates and was selected because there is an
existing relationship with the City and many of the other financial institutions
no longer exist -the advantage is the 4.2% interest rate and minimal costs
assoaated with this transaction and minimized disclosure requirements.
• 15 year financing lease payment includes the leasing of the City faalities that
are used for collateral.
• After completion of the fire station there will be a valuation of the new fire
station to determine if it adequate to secure the obligation - it is anticipated
that it would be adequate - if not there would be continued collateral
obligation on the City Hall.
• The law and constitution do not require collateral for the Pension Obligation
Bands due to refinancing an existing unfunded debt obligation.
• Could use general fund reserves to pay for the fire station and upon
completion refinance -council could adopt a resolution which would anticipate
at some future date an option to issue debt.
• Wait to see if the City could qualify for federal government funds -would
rather not use city hall and police station as collateral -too many economic
uncertainties for next year.
• Council would like to approve the award of bid for the project (01-12-09)
before closing date.
• Assumption is that the bids will come in lower because of the economic
situation of the country.
• If City lobbyist could give a timeline as to when there would be funds available
then it would be worth delaying the project.
• If there are federal funds available it would take at least one year to apply for
it • funds would go through the state and/or county.
• Currently the City is in a position which the interest rates are at an historical
low -benefit right now with low construction costs and low interest rates.
WiTh no objection the pre-closing date was changed to January 14th and bond
closing date changed to January 15th. The City Attorney clarified that if Council
adopts the resolutions with the date changes then on January 12th Council will
have the opportunity before the bonds are issued to stop the process.
Shanks moved, second by Lewtt, to amend and adopt Resolution Number 5824
entities "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH MAKING A FINDING OF PUBLIC BENEFIT AND APPROVING AS TO
FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN
DOCUMENTS IN CONNECTION WITH THE ISSUANCE AND SALE OF SEAL
BEACH PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES
2009, AND AUTHORIZING CERTAIN OTHER MATTERS RELATING
THERETO".
AYES: Antos, Levitt, Shanks, Sloan
NOES: Miller Motion carried
Sloan moved, second by Shanks, to amend and adopt Resolution Number FA
08-01 entitled "A RESOLUTION OF THE SEAL BEACH PUBLIC FINANCING
AUTHORITY AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF
LEASE REVENUE BONDS AND APPROVING AS TO FORM AND
AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS
RELATING THERETO AND AUTHORIZING CERTAIN OTHER MATTERS
RELATING THERETO".
AYES: Antos, Levitt, Shanks, Sloan
NOES: Miller Motion carried
ADJOURNMENT
It was the order of the Chair, with consent of the Council, to adjourn the City
Council meeting at 10:15 p.m. to January 12, 2009 at 6:30 p.m. to meet in closed
session, if deemed necessary and canceled the December 22, 2008 City Council
meeting.
Secretary/City Clerk
City of Seal Beach
Approved:
ChairmaNMayor
Attest:
City Clerk