HomeMy WebLinkAboutCC AG PKT 2011-02-28 #C AGENDA STAFF REPORT
DATE: February 28, 2011
TO: Honorable Mayor and City Council
THRU: Patrick P. Importuna, City Manager
FROM: Linda Devine, City Clerk
SUBJECT: APPROVAL OF MINUTES - CITY COUNCIL AND SEAL
BEACH PUBLIC FINANCING AUTHORITY
SUMMARY OF REQUEST:
Approve minutes for Seal Beach City Council adjourned and regular meeting of
February 14, 2011. Approve minutes of the joint regular meeting of the Seal
Beach Public Financing Authority held on December 13, 2010.
BACKGROUND:
None
FINANCIAL IMPACT:
None
ANALYSIS:
None
RECOMMENDATION:
Approve minutes for Seal Beach City Council adjourned and regular meeting of
February 14, 2011. Approve joint regular meeting of the Seal Beach Public
Financing Authority held on December 13, 2010.
SUBMITTED BY: NOTED AND APPROVED:
Linea Devine, City Clerk 'at P. Imporrna, Manager
Agenda Item C
Seal Beach California
February 14, 2011
Mayor Levitt called the adjourned meeting of the Seal Beach City Council to
order at 5:00 p.m. in the City Hall Council Chambers.
ROLL CALL
Present: Mayor Levitt Council Members: Antos, Miller, Shanks, Sloan
Also present: Patrick P. Importuna, City Manager
Quinn Barrow, City Attorney
Linda Devine, City Clerk
* *recognition of District One Council gilember - CharresAntos **
Mayor Levitt 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.
CLOSED SESSION
The City Attorney announced that the City Council would meet to discuss the
items identified on the closed session agenda: Item "A" - conference with legal
counsel - existing litigation - Government Code §54956.9(a); 2 cases: 1) BAY
CITY PARTNERS LLC v. CITY OF SEAL BEACH - Orange County Superior
Court (Case No. 30 -2010 00364556); 2) CITY OF SEAL BEACH v. BAY CITY
PARTNERS LLC - Orange County Superior Court (Case No. 30 -2009
00305309); item "B" - public employment - Government Code §54957 - City
Manager.
The City Council went into closed session at 5:45 p.m.
The City Attorney reported in open session that the City Council gave directions
regarding the items listed on the adjourned agenda and no other reportable
action was taken.
ADJOURNMENT
It was the order of the Chair, with consent of the Council to adjourn at 6:30 p.m.
City Clerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
Page 2 - City Council 02/14/11
Seal Beach California
February 14, 2011
The City Council of the City of Seal Beach met in regular session at 7:00 p.m.
with Mayor Levitt calling the meeting to order with Councilman Antos leading the
Salute to the Flag.
ROLL CALL
Present: Mayor Levitt Council Members: Antos, Miller, Shanks, Sloan
City Staff: Patrick P. Importuna, City Manager
Quinn Barrow, City Attorney
Chief Jeff Kirkpatrick, Seal Beach Police Department
Jill Ingram, Assistant to the City Manager
Sean Crumby, Director of Public Works
Robbeyn Bird, Director of Administrative Services/Treasurer
Mark Persico, Director of Development Services
Chief Joe Bailey, Seal Beach Marine Safety /Lifeguard Department
Linda Devine, City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
& ORDINANCES
Councilman Antos pulled Item "H" from the consent calendar for separate
consideration. Shanks moved, second by Sloan, to approve the agenda as
amended.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PRESENTATIONS /RECOGNITIONS
* Presentation - 2010 Mayor David W. Sloan
* Cypress College Americana Award - James Caviola - Citizen of the Year -
Seal Beach
* Orange County Water District - Alamitos Barrier Presentation
ORAL COMMUNICATIONS
Mayor Levitt declared Oral Communications open. Speakers: Susan Perrell,
Galleon Way, reiterated her request to have agenda staff reports and back -up
materials available on the City's website; Esther Kenyon, Seal Beach Chamber of
Commerce, spoke on Chamber matters; Robert Goldberg, Clipper Way, read his
email he sent to Council regarding item "H" - Assistant City Manager; Mike Buhbe,
Central Way, also spoke on item "H" and asked to delay decision until new City
Manager is selected. There were no other speakers - Mayor Levitt declared Oral
Communications closed.
CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney
The City Attorney reported that the City Council met in closed session and gave
directions regarding the items identified on the closed session agenda: Item "A" -
conference with legal counsel - existing litigation - Government Code
§54956.9(a); 2 cases: 1) BAY CITY PARTNERS LLC v. CITY OF SEAL BEACH -
Orange County Superior Court (Case No. 30 -2010 00364556); 2) CITY OF
SEAL BEACH v. BAY CITY PARTNERS LLC - Orange County Superior Court
(Case No. 30 -2009 00305309); item "B" - public employment - Government
Code §54957 - City Manager. No other reportable action was taken - the closed
session meeting was adjourned at 6:30 p.m.
CITY MANAGER REPORT Patrick P. Importuna, City Manager
No report given.
Page - 3 City Council 02/14/11
COUNCIL COMMENTS
All Council Members thanked Charles Antos for his dedication to District One and
service on the Seal Beach City Council and wished him the best. Councilman
Antos thanked everyone for their support during his tenure as Councilman and
requested to have the paving of the alleys along Ocean Avenue from 8th Street
to 1st Street placed on the capital improvement project list; Councilman Shanks
praised the Community Services Department for an outstanding recreation
brochure and asked about the dog barking ordinance; Mayor Pro Tem Miller
requested to have the proposed community pool site information agendized; and
Mayor Levitt requested to have speed limit posted along the North Gate Road.
COUNCIL ITEMS
ITEM "A" / SEAL BEACH WEBSITE RE- DESIGN / STATUS REPORT
The Director of Administrative Services provided a status report on the new City
website indicating the contract was awarded to Quijote Corporation (dba Sensis)
and will launch on February 28, 2011 - during the process it was determined that
the City would have a new website address (URL) www.sealbeachca.gov and the
old site will automatically point to the new address for 6 months. The Director
concluded that the site is much improved and will be more useable for residents
but there are features that will be addressed in phase 2 of this project. The
budgeted amount was $125,000. The main issue for Council was the ability for
residents to have access to the agendas and the back -up materials and to have
the website provide more concurrent users. With no objections the Mayor so
ordered the report received and filed.
CONSENT CALENDAR
Miller moved, second by Shanks, to approve the recommended actions on the
consent calendar except for item "H" pulled for separate consideration. The City
Attorney announced there is a revised Professional Services Agreement for
consent calendar items "F" & "G" - the disclosure language was added: "A
disclosure of all personal, professional, or financial relationships with any officer
or employee of the City."
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
B. Approved the Minutes of Adjourned City Council Meeting and Joint
Regular Seal Beach City Council, Seal Beach Public Financing Authority,
and Redevelopment Agency Meeting of December 13, 2010 - Adjourned
and Regular City Council Meeting of January 10, 2011 - Adjourned City
Council Meetings of January 17, 2011 and February 1, 2011 - Adjourned
City Council Meeting and Study Session of February 7, 2011.
C. Approved the Demands on Treasury:
Warrants: 86152 -86667 $3,476,358.46 Year -to -Date: $29,252,711.16
Payroll: Direct Deposits &
Checks $610,695.57 Year -to -Date: $4,610,567.02
Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals.
D. Received and filed the Monthly Investment Report: December 2010.
E. Adopted Resolution No. 6107 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL AUTHORIZING BUDGET AMENDMENT NO. 11-
08-01 REVISING THE FISCAL YEAR 2010/11 BUDGET ". (items "A" and "1 ")
F. Authorized to initiate the Request For Proposal (RFP) and to solicit bids
for a Cost Allocation Plan and Comprehensive User Fee Study.
G. Authorized to initiate the Request For Proposal (RFP) and to solicit bids
for a Annual Auditing Services.
Page 4 - City Council 02/14/11
H. Removed for separate consideration.
*H. Assistant City Manager - Amend Classification Plan - Adopt
Resolution No. 6108 amending the Classification Plan eliminating the
classification of Assistant to the City Manager and adding the
classification of Assistant City Manager at Grade 57 ($12,527 per
month).
I. Authorized an increase to the Building and Safety Division budget for
nuisance abatement action performed per abatement warrant issued by
the Orange County Superior Court - 3840 Rose Street. (Item "E" - Budget
Amendment No. 11 08 - 01)
J. Adopted Resolution No. 6109 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL ADOPTING AN ADDENDUM TO THE INITIAL
STUDY /MITIGATED NEGATIVE DECLARATION FOR THE
INTERSTATE 405 /SEAL BEACH BOULEVARD IMPROVEMENT
PROJECT AND INSTRUCTING STAFF TO FILE APPROPRIATE
DOCUMENTATION WITH THE COUNTY OF ORANGE ". (IS /MND 99 -1)
K. Authorized to begin recruitment for the position of Account Technician
(replace retiring Executive Assistant).
L. Adopted Resolution No. 6110 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER
CONTRACT DOCUMENTS FOR THE 2010 ANNUAL SLURRY SEAL
PROJECT NO. ST1006 ". (American Asphalt South, Inc. - $120,776.65)
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "H" / RESOLUTION NO. 6108 / ASSISTANT CITY MANAGER / AMEND
CLASSIFICATION PLAN (Antos)
Councilman Antos pulled this item to express his support. Antos moved, second
by Shanks, to adopt Resolution No. 6108 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING
AN AMENDMENT TO THE CLASSIFICATION PLAN BY ADDING THE
CLASSIFICATION OF ASSISTANT CITY MANAGER, AND ELIMINATING THE
CLASSIFICATION OF ASSISTANT TO THE CITY MANAGER ". (Grade 57 -
salary range $11,930 to 14,502 per month)
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PUBLIC HEARING
ITEM "M" / RESOLUTION NO. 6111 / RIVER'S END STAGING AREA & SAN
GABRIEL RIVER BIKEWAY ENHANCEMENT PLAN (SCH #2010021026) /
MITIGATED NEGATIVE DECLARATION (MND) WITH APPENDIX
Mayor Levitt stated this was the time and place for a public hearing for the
consideration of the River's End Staging Area & San Gabriel River Bikeway
Enhancement Plan (SCH #2010021026) and Mitigated Negative Declaration with
Appendix - Adopt Resolution No. 6111 approving the project. The Director of
Development Services provided the staff report stating the background, facts,
and analysis. The State Rivers and Mountains Conservancy awarded a $2M
grant for improvement along the eastern boundary of the San Gabriel River in
Seal Beach. Seal Beach is the lead agency and the process was held up by a
lawsuit filed by Bay City Partners indicating that a portion of the property being
improved was owned by BCP - the Orange County Superior Court vacated the
City's approval and directed the City to disclose that a portion of the existing
biketrail crosses over the property owned by BCP and analyze any potential
environmental impacts that might arise if BCP prevents the continuing use of the
Page - 5 City Council 02/14/11
trail on its property. This Project has been analyzed pursuant to CEQA and the
CEQA Guidelines. With the mitigation measures incorporated, all potential
impacts have been reduced to a level of less than significant. The draft MND, as
revised, fully and substantially complies with all requirements under CEQA. The
Director informed the Council that an email was sent to the City at 4:43 p.m. from
BCP with comments regarding the appendix to MND. Mayor Levitt opened the
public hearing. Ed Selich, representing Bay City Partners, stated he was
available to answer any questions that the Council may have regarding this issue
- there were no other speakers - Mayor Levitt declared the public hearing closed.
The City Attorney asked for a recess to revise the resolution to address the
comment letter from Bay City Partners. With no objections the Mayor called for a
recess at 8:10 p.m. and reconvened the meeting at 8:25 p.m. - the City Attorney
distributed the draft resolution to the Council, the public and Mr. Selich, and then
called the Council's attention to the revisions to Resolution No. 6111 in Section 7
and Section 9.
Antos moved, second by Shanks, to 1) adopt Resolution No. 6111 entitled "A
RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION AND APPENDIX IN CONNECTION
WITH THE RIVERS END STAGING AREA AND SAN GABRIEL RIVER
BIKEWAY ENHANCEMENT PLAN PROJECT AND MITIGATION MONITORING
PROGRAM, APPROVING THE PROJECT AND INSTRUCTING STAFF TO FILE
APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE "; 2)
approve the construction and landscape improvement project pursuant to the
Mitigated Negative Declaration and associated mitigation measures; 3) approve
the Project for the Rivers End Staging Area and San Gabriel River Bikeway
Enhancement Plan; 4) direct staff to file the appropriate CEQA forms with the
County Clerk; and 5) direct staff to proceed with all steps necessary to implement
the Project after the City has demonstrated to the court its compliance with the
mandates of CEQA and the writ issued by the court.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
UNFINISHED /CONTINUED BUSINESS
None at this time.
NEW BUSINESS
None at this time.
RECESS REGULAR CITY COUNCIL MEETING
The Mayor recessed the City Council to the Redevelopment Agency meeting at
8:30 p.m.
RECONVENE CITY COUNCIL MEETING
The Mayor reconvened the City Council meeting at 8:35 p.m.
ADJOURNMENT
With no objection, the Mayor adjourned the City Council at 8:35 p.m. to Monday,
February 28, 2011 at 4:30 p.m. to study session on Facilities Master Plan and to
meet in closed session, if deemed necessary.
* *Newly Elected District One Council Member Ellery Deaton will be sworn
in at the February 28th regular meeting at 7:00 p.m. **
Page 6 - City Council 02/14/11
City Clerk
City of Seal Beach
Approved:
Mayor
Attest:
City Clerk
NOTICE:' The following doc has not been approved for accuracy and maybe con 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' 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 r; 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
December 13, 2010
The City Council, Public Financing Authority, and Redevelopment Agency of the
City of Seal Beach met in joint regular session at 7:00 p.m. with Mayor Sloan
calling the meeting to order and Councilman Antos leading the Salute to the Flag.
ROLL CALL
Present: Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks
City Staff: David Carmany, City Manager /Executive Director
Quinn Barrow, City Attorney /Legal Counsel
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
Chief Joe Bailey, Seal Beach Lifeguard Department
Ed Fleming, Division Chief OCFA
Linda Devine, City Clerk
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
& ORDINANCES
Items pulled from consent calendar - Miller pulled items "G° and Shanks pulled
items "E ", "I ", "J ", and "Q ". Shanks moved, second by Miller, to approve the
agenda as amended.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
CONSENT CALENDAR
Shanks moved, second by Levitt, to approve the recommended actions on the
consent calendar except for items "E ", "G ", "I ", "J ", and "Q" pulled for separate
consideration. The City Attorney read the title to Ordinance No. 1602 (item "K ")
for the record.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
B. Approved Minutes of Adjourned and Regular Seal Beach City Council
Meeting of November 8, 2010 - Seal Beach Public Financing Authority
Special Meeting of December 2, 2010 - Regular Redevelopment Agency
Meeting of October 25, 2010. (Joint Item - SBPFA & RDA)
G. Removed for separate consideration. (Miller)
*G. Seal Beach Public Financing Authority 2011 Wastewater Revenue
Refunding Bonds, Series A - Adopt Resolution No. 6087 and Resolution
No. PFA 10 -02 approving the refinancing of sewer improvement bonds
originally issued in 2000. (Joint Item - SBPFA)
H. Adopted Resolution No. 6088 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL ADOPTING AN AMENDED CONFLICT OF
INTEREST CODE CONTAINING REVISED DESIGNATED POSITIONS,
DISCLOSURE CATEGORIES AND REPEALING RESOLUTION
NUMBER 5802 "; adopted Resolution No. PFA 10 -03 entitled "A
RESOLUTION OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY
NOTIFYING THE CITY COUNCIL THAT NO REVISIONS ARE
REQUIRED TO THE AGENCY'S CONFLICT OF INTEREST CODE "; and
adopted Resolution No. 10 -03 entitled "A RESOLUTION OF THE SEAL
BEACH REDEVELOPMENT AGENCY NOTIFYING THE CITY COUNCIL
THAT NO REVISIONS ARE REQUIRED TO THE AGENCY'S CONFLICT
OF INTEREST CODE ". (Joint Item - SBPFA & RDA)
Page 2 - Seal Beach Public Financing Authority 12 -13 -10
ITEMS REMOVED FROM THE CONSENT CALENDAR
JOINT ITEM "G" / RESOLUTION NO. 6087 AND RESOLUTION NO. PFA 10 -02
/ SEAL BEACH PUBLIC FINANCING AUTHORITY / 2011 WASTEWATER
REVENUE REFUNDING BONDS, SERIES "A" (Miller)
The City Manager reported this item is returned to Council because the interest
rates are changing and the direction given earlier by Council was to enter into the
agreement if the saving was $250,000 - currently the net present value saving
would be $233,000. The Director of Administrative Services reiterated what the
City Manager stated and would need direction from the Council with a minimum
amount of savings the Council would agree to - Mike Cavanaugh and Todd Smith
of Southwest Securities Group were present to answer any questions.
Councilman Miller received answers to his questions: on the $233,000 the net
interest cost of 4.56% and the discount rate is 4.77 %; discount rate is based on
by definition an all inclusive cost which accounts for interest rate plus cost of
issuance discounted back at a semi - annual rate; upfront cost is $104,000;
attachment "G" - payback schedule - pricing schedule (when you price bonds
generally there are serial maturities and term bonds) debit service schedule there
is level, principal, and interest payment; exhibit "B" under attachment "G" is the
current outstanding debit - bonds are sold known as term bonds; need to state
the discount rate in the resolution to determine the savings; can make a savings
of $17,000 per year; can state a minimum annual savings - minimum total
savings - minimum present value. savings - whatever the Council is comfortable
with.
Shanks moved, second by Miller, to adopt Resolution No. 6087 entitled "A
RESOLUTION OF THE CITY OF SEAL BEACH APPROVING, AUTHORIZING
AND DIRECTING EXECUTION OF CERTAIN FINANCING DOCUMENTS AND
DIRECTING CERTAIN RELATED ACTIONS IN CONNECTION WITH
REFINANCING CERTAIN IMPROVEMENTS TO THE CITY'S WASTEWATER
SYSTEM" - change the amount in Section 3 from $250,000 to $220,000 net
present value (discount rate no less than 4 %) - City Attorney indicated that staff
will make any appropriate changes needed with the change in the amount.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Shanks moved, second by Levitt, to adopt Resolution No. PFA 10 -02 entitled "A
RESOLUTION OF THE SEAL BEACH PUBLIC FINANCING AUTHORITY
AUTHORIZING THE SALE, ISSUANCE AND DELIVERY OF WASTEWATER
REVENUE REFUNDING BONDS AND APPROVING AS TO FORM AND
AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS
RELATING THERETO AND AUTHORIZING CERTAIN OTHER MATTERS
RELATING THERETO" - change the amount in Section 4 from $250,000 to
$220,000 net present value (discount rate no less than 4 %) - City Attorney
indicated that staff will make any appropriate changes needed with the change in
the amount.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ADJOURNMENT
With no objection it was the order of the Mayor to adjourn the Joint City.Council
and Seal Beach Public Financing Authority meeting at 9:34 p.m.
Authority Chair
City Clerk/Secretary
City of Seal Beach