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HomeMy WebLinkAboutCC AG PKT 2009-12-14 #AAGENDA STAFF REPORT DATE: December 14, 2009 TO: Honorable Mayor and City Council THRU: David Carmany. City Manager /Executive Director FROM: Linda Devine, City Clerk /Agency Secretary SUBJECT: APPROVAL OF MINUTES - CITY COUNCIL SUMMARY OF REQUEST: Approve minutes for City Council regular meeting of November 9, 2009. BACKGROUND: None FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for City Council regular meeting of November 9, 2009. SUBMITTED BY: NOTED AND APPROVED: ®-� Lin a Devine, City Clerk David Carmany, City Manager Attachments: A. Minutes Agenda Item A Seal Beach California November 09, 2009 The adjourned meeting on this date was cancelled due to lack of business items in need of consideration in Closed Session. The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Shanks calling the meeting to order and Councilman Levitt leading the Salute to the Flag. ROLL CALL Present: Mayor Shanks; Council Members: Antos, Levitt, Miller, Sloan Staff: David Carmany, City Manager Quinn Barrow, City Attorney Chief Jeff Kirkpatrick, Seal Beach Police Department Vince Mastrosimone, Director of Public Works Robbeyn Bird, Director of Administrative Services/Treasurer Terrence Belanger, Interim Director of Development Services Jill Ingram, Assistant to the City Manager Chief Joe Bailey, Seal Beach Lifeguard Department Battalion Chief Jose Valbuena, Orange County Fire Authority Linda Devine, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Items pulled from Consent Calendar: Items "H ", and "P" (Miller) and item "R" (City Manager). Antos moved, second by Sloan, to approve the agenda as amended. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried PRESENTATIONS /RECOGNITIONS Save Our Beach - 10th Anniversary - Kim & Steve Masoner, Founders (City Council and Senator Harman - Kevin Gilhooley) Mayor Shanks presented a certificate of recognition and Kevin Gilhooley, representative from State Senator Harman's office, presented a Senatorial Recognition to Save Our Beach. OCFA — 35 year badge Fire Captain Larry Bender and Fire Apparatus Engineer Bernie Nap Mayor Pro Tern Sloan introduced Battalion Chief Valbuena who conducted the badge presentation. Junior Lifeguard of the Year - Joey Callanan California Surf Lifesaving Association Marine Chief Joe Bailey introduced Lori Walton, Seal Beach Jr. Lifeguard Coordinator, who presented Joey Callanan with the Jr. Lifeguard of the Year recognition. ORAL COMMUNICATIONS Mayor Shanks declared Oral Communications to be open. Speakers: Stan Anderson, representing the Seal Beach Chamber, announced the annual Christmas parade is scheduled for December 4 Robert Goldberg, Clipper Way, requested to speak to item "H" ( Private Activity Bonds for Amonix expansion) during council deliberation (item pulled off consent); Patty Campbell, Ironwood, expressed her concerns regarding issues involving the City Manager and the City Page 2 - City Council 11/09/09 Council; Laura Herzog, representative for the Joint Forces Training Base - Los Alamitos, updated council on events at the base; Shirley Broussard, SWARM (Spiritual Wholeness And Re- creative Motion), restated her invitation to their event on November 18 and Joyce Parque, 6 th Street, stated her concerns regarding - business licenses, on -going issue with councilmember, and council compensation and travel expenses. There were no other speakers; Mayor Shanks declared Oral Communications closed. CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. CITY MANAGER REPORT David N. Carmany, City Manager Extended good wishes during the Thanksgiving holiday. COUNCIL COMMENTS Councilman Miller requested to have agendized a report on asphalt and concrete work in the City and stated he would make some comments on item "R" (Local Street Resurfacing Program); Mayor Pro Tern Sloan commended the City Engineer for the presentation to the College Park West residents regarding the Studebaker and College Park Drive issue; Mayor Shanks responded to the comment regarding council compensation, stated that the State of the City luncheon will be on November 12 at the Old Ranch Country Club at 12:00 noon and asked everyone to keep in their prayers the families of the shooting victims at Fort Hood, Texas. COUNCIL ITEMS ITEM "A" / RESOLUTION NUMBER 5919 / REVISING COUNCIL POLICY 100- 03 / COUNCIL RULES OF PROCEDURE (Shanks) Continued from 10 -26 -09 Councilman Miller stated that there is software available to help provide council with a strikethrough version of documents to help make it easier to know what the changes are and would still request that a new item be added to the policy (no Council consensus to add language): 10. COUNCIL MEETING AGENDA ITEMS A Staff shall provide a summary page for each Council meeting agenda item stating, as appropriate, Who..., What..., Where..., When..., Why..., and Cost.. B. Staff shall provide an executive summary for each agreement in a Council meeting agenda item, summarizing key terms and conditions. C. Staff shall provide a strikethrough (deletions) /underline (additions) version of any document being amended in a Council meeting agenda item. After other clarifications were made Mayor Shanks requested the procedure on agenda format be given to council for review. Antos moved, second by Levitt, to adopt Resolution No. 5919 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ESTABLISHING COUNCIL RULES OF PROCEDURE (Council Policy 100 -03)" as amended to include appropriate language: "8. VOTING A. Failure to Vote. Every Council Member present will cast a vote unless he /she disqualifies himself /herself by reason of conflict of interest. 1. In the event of a conflict of interest due to a financial interest in the decision, a councilmember must: (i) identify the financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that disclosure of the exact street address of a residence is not required); (ii) publicly state his or her Page - 3 City Council 11/09/09 recusal from the matter; and (iii) leave the room until after the disposition of the matter unless the matter appears on a consent calendar. 2. In addition to a conflict due to financial interest, there are other reasons to abstain, including the following: the Council Member does not wish his /her position to become known, he /she has no preference of position on the issue, has a common law conflict of interest, or is not in a position to vote in favor or against a matter due to absence. 3. For purposes of action of the Council, an abstention shall neither be counted for the majority nor for the minority and shall therefore have the effect as though no vote were cast in result of the vote when counted. The recorded and published vote, however, shall show the abstention." AYES: Antos, Levitt, Shanks, Sloan NOES: Miller Motion carried ITEM "B" if LOCAL CAMPAIGN FINANCING REPORT (Antos) The City Attorney provided a brief staff report giving the council a summary of what areas they may consider in a campaign finance ordinance - need to keep in mind there are reporting requirements from the state and federal government that needs to be followed. Councilman Antos stated that he asked to have limits on campaign contributions in order to keep any group or organization from "buying" an election. Councilman Miller commented that the current rules seem to work and setting the limit to $250 does not seem reasonable - consider a higher limit, maybe $1,000. Antos moved, second by Levitt, requesting staff to prepare a Local Campaign Finance Ordinance to include: $250 contribution limit (with annual CPI escalator) of individuals or committees to local candidates and committees supporting candidates - limit a candidate to one controlled committee and one campaign bank account - $250 limit of contributions a candidate can accept from non - individual sources. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried CONSENT CALENDAR Items pulled for separate consideration: Items "H" and "P" (Miller). Antos moved, second by Sloan to approve the recommended actions on the Consent Calendar as amended. City Manager removed item "R" 'to be continued to a future agenda. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried C. Approved the Minutes of the Regular City Council Meeting of October 26, 2009. D. Approved Demands on Treasury: Warrants: 79847 -80026 $864,434.47 Year -to -Date: $17,374,018.07 Payroll: Direct Deposits & Checks $282,808.97 Year -to -Date: $2,730,028.83 Year- to-date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals E. Adopted Resolution No. 5931 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING BUDGET AMENDMENT NO. 10 -05 -01 TO APPROPRIATE FUNDING TO INCREASE BUDGET EXPENDITURES AND APPROPRIATE ADDITIONAL FUNDS FOR VARIOUS PROGRAMS AND PROJECTS ". (Items "G ", "K ", "M ", and "N ") Page 4 - City Council 11/09/09 F. Adopted Resolution No. 5932 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AMENDING THE PLAN AGREEMENT AND ADMINISTRATIVE SERVICES AGREEMENT WITH PUBLIC AGENCY RETIREMENT SERVICES (PARS)" (part-time employees). G. Matters relating to Personnel and Human Resources (Budget Amendment No. 10- 05 -01) - Adopted Resolution No. 5933 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND PUBLIC INTEREST INVESTIGATIONS, INC. ". (Barbara Dalton) Adopted Resolution 5934 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AGREEMENT FOR SPECIAL COUNSEL SERVICES BETWEEN THE CITY AND JENKINS & HOGIN ". (Mike Jenkins) Adopted Resolution No. 5935 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE AGREEMENT FOR SPECIAL COUNSEL SERVICES BETWEEN THE CITY AND EXECUTIVE LAW GROUP ". (R. Craig Scott) H. Removed for separate consideration. (Miller) 'H. Private Activity Bonds for Amonix expansion - Adopt Resolution No. 5936 declaring the intent to issue bonds to assist Amonix Inc. in the financing of the costs of acquiring, improving, and equipping real and personal property to be used in the manufacture of high concentration, photovoltaic solar - powered panels Received and filed the staff report on Orange County Ocean Water Quality Testing. Adopted Resolution No. 5937 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA TO PURCHASE NINE (9) MOBILE DIGITAL COMPUTERS AND IN -CAR VIDEO CAMERAS FOR POLICE VEHICLES ". K. Adopted Resolution No. 5938 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING CALIFORNIA OFFICE OF TRAFFIC SAFETY SOBRIETY CHECKPOINT MINI -GRANT PROGRAM MONIES VIA THE REGENTS OF THE UNIVERSITY OF CALIFORNIA SCHOOL OF PUBLIC HEALTH, BERKELEY ". (Budget Amendment No. 10- 05 -01) L. Adopted Resolution No. 5939 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING DONATION OF A POLARIS RANGER 6 X 6 OFF -ROAD UTILITY VEHICLE ". (Operation Ranger Program) M. Received and filed the staff report on Eisenhower Park Restrooms Project No. PR0901. (Budget Amendment No. 10- 05 -01) N. Received and filed the staff report on Rivers End Grant from Rivers and Mountains Conservancy (RMC) Project No. BP0901. (Budget Amendment No. 10- 05 -01) O. Adopted Resolution No. 5940 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR 2009 ANNUAL SLURRY SEAL PROJECT N0. ST0911 ". (Bond Blacktop, Inc.) Page-5 City Council 11/09/09 P. Removed for separate consideration. (Miller) *P. Pier Utility Upgrade Design Project No. BP1002 - Adopt Resolution No. 5941 approving a professional services agreement with Moffatt & Nichol Q. Adopted Resolution No. 5942 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA AWARDING THE BID FOR THE ELECTRIC AVENUE STORM DRAIN IMPROVEMENTS PROJECT NO. SD1001 ". (Palp, Inc DBA Excel Paving Company in the amount of $1,653,458.) , R. Continued to a future meeting. (Staff) *R. Local Street Resurfacing Program Project No. ST0906 - Approve the plans and specifications for the project and authorize staff to solicit bids (complete bid package is in the City Engineer's office for review). ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" / RESOLUTION NUMBER 5936 / AMONIX INC. / PRIVATE ACTIVITY BONDS FOR EXPANSION The Interim Director of Development Services provided an overview of the staff report and answered Council questions: The proposed resolution of intent to issue private activity bonds to assist Amonix, Inc. are outlined in the recitals of the resolution - the California Debt Limit Allocation Committee review all requests for issuance of debt (private activity bonds) - the purpose of the request from Amonix is to expand their business operation - approving the resolution of intent is the first step for Amonix and this allows the City to be reimbursed for costs in the process - the interest on the bonds are tax exempt (like municipal bonds) - the transaction is between Amonix and the bond sellers - the City has no privities with the bond purchasers or the recipient of the bond proceeds (the City is the necessary conduit for the transaction) - the full faith and credit for the City is not pledged for these bonds - only down side would be the City goes through this entire process and Amonix decides not to follow through with the purchase of the bonds. The City Manager provided a different perspective to this agenda item - helping Amonix obtain these tax favored financing would help to keep their business in the Seal Beach - there is a part two to Amonix's request that will be coming to the Council at a future meeting asking for financial assistance - Amonix is projecting to produce considerable taxable sales and an increase in employment in Seal Beach (100 high tech jobs). • Councilman Miller comments: there was a lack of details in the staff report and he would like more information regarding the cost to the City (need a cost benefit analysis), review the agreement before approving this item, what guarantee the City would have for reimbursement if Amonix decides not to move forward with bonds, what benefit does the City have in doing this, what is the cost for staff time and why is the Director of Finance not involved, agreed the job aspect is good for the greater community not just Seal Beach and the solar energy project is good in that the State is thinking solar and wind, and is there a City off ramp in this agreement. • Mayor Pro Tern Sloan questioned if Amonix could leave the City after going through this process: Response: Yes, but Council could put language in the agreement that would state that Amonix would remain in the City for the life of the bonds and this is the purpose of helping them secure the private activity bonds - the State committee review package is site specific and needs evidence support of the local jurisdiction, lease agreement, financial statements, etc. • Robert Goldberg, Clipper Way, comments: what is the City's liability to pay off bonds, would this hurt the City's overall credit rating, what would happen if Amonix turns down the bonds, and if Council decides not to approve the Page 6 - City Council 11/09/09 agreement with Amonix would the City still be reimbursed for all the costs associated with bonds. o The City Attorney clarified that the issuance of the bonds will not cost the City any money and will not create any exposure to the City in terms of liability - the State is most interested in keeping businesses in the state and there will be safe guards to protect the state - there may be some indirect impact to the City (similar to the trailer park issue) but the benefit to the City far out weighs the indirect liability - all costs incurred in the initial stages of the process can only be reimbursed if the bonds are issued - in the City's draft agreement with Amonix there is an indemnity provision and there can be added language put in with regards to the reimbursement issue (to ensure the City is protected). i The City Manager commented that staff will present the most efficient package for the financial assistance agreement for Council consideration - the reason for the requests from Amonix is to help them keep down the high costs of doing business in California - the City is very frugal in selecting the team to handle this financial transaction (City has issued 2 bonds in the last 2 years). • Councilman Levitt stated that even if Amonix is located in Seal Beach the product they are making will not be sold in the U.S. - this is not green for California - a major portion of their sales will not be taxable. 0 Councilman Antos asked if this is going to be a point of sale business - Response: this is their intention - if it is structured that Seal Beach is the point of sale - Amonix is willing to have some civic engagement with the community and local schools. Antos moved, second by Levitt, to adopt Resolution No. 5936 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING ITS INTENT TO CAUSE TO BE ISSUED BONDS OR OTHER OBLIGATIONS PERTAINING TO THE FINANCING OF THE COSTS OF ACQUIRING, IMPROVING, AND EQUIPPING REAL AND PERSONAL PROPERTY TO BE USED IN THE MANUFACTURE OF SOLAR- POWERED PANELS, AND DECLARING ITS INTENT TO REIMBURSE ADVANCES MADE FOR EXPENDITURES PRIOR TO THE ISSUANCE OF SUCH BONDS OR OTHER OBLIGATIONS" and requested staff to provide a more detailed report on this project with the financial assistance agreement staff report. AYES: Antos, Levitt, Shanks, Sloan NOES: Miller Motion carried ITEM "P" / RESOLUTION NUMBER 5941 / PIER UTILITY UPGRADE DESIGN / PROJECT NO. BP1002 / MOFFAT & NICHOL The Director of Public Works stated this was listed as one of the approved projects during the last budget session - the utility upgrade housed under the pier (gas, water service, fire service, sewer, communication and electric). Proposed resolution is for a professional agreement for review of the current condition of the utility lines and to prepare the plans and specifications for the replacements. Councilman Miller stated $200,000 was budgeted for the gas line improvement and now it there is a total of $1 million as an upgrade to the pier projects — reiterated his request for an independent updated needs facilities condition assessment report - stated having the assessment done by the same architect firm designing the pier deck rehabilitation project would appear to be a conflict of interest. OCFA (OC Fire Authority) representative clarified that there is currently not enough pressure in the waterlines to put out a fire at the end of the pier - the pipes may burst - use light weight vehicle to drive the hose line down to the end of the pier or use Long Beach fireboats. It was questioned about fire insurance for the pier - response: all city real property is covered through the joint powers insurance authority on claims made basis - there is not a separate policy to cover the pier. Antos moved, second by Sloan, to adopt Resolution No. 5941 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR PIER UTILITY UPGRADE DESIGNS TO MOFFATT & NICHOL ". Page-7 City Council 11/09/09 AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried ITEM "R" / CONTINUED / LOCAL STREET RESURFACING PROGRAM / PROJECT NO. ST0906 The City Manager indicated that this item was removed due to revisions being made to the plans and specifications. Councilman Miller shared his thoughts that this project be coordinated with other projects in the College Park East area - sewer lines, right -of -ways, trees, paving, laying of Verizon cable, etc. Mayor Shanks indicated this project was split between Old Town and College Park East and are two separate areas. The Director of Public Works updated the Council that the State stimulus money will be available at the end of January for the sewer projects and the street tree planting is a separate project from the road project. With no objections this item was continued to the next meeting. PUBLIC HEARING No items at this time. UNFINISHED BUSINESS No items at this time. NEW BUSINESS No items at this time. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:20 p.m. to Monday, November 23, 2009. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Seal Beach California November 23, 2009 The adjourned and regular City Council meeting scheduled for this date was cancelled due to the lack of business items in need of consideration and by action of the City Clerk adjourned to December 14, 2009 to meet at 5:00 p.m. City Clerk City of Seal Beach THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH.