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HomeMy WebLinkAboutCC AG PKT 2008-02-11 #D AGENDA STAFF REPORT e DATE: February 11, 2008 TO: Honorable Mayor and City Council David Carmany. City Manager Linda Devine, City Clerk THRU: FROM: SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: Approve minutes for City Council: adjourned and regular meeting of January 14, 2008. BACKGROUND: None e FINANCIAL IMPACT: None RECOMMENDATION: Approve minutes for City Council: adjourned and regular meeting of January 14, 2008. ~MI':'ED .YQ . :n4 IA 'l/11kJ1 ~ Li a Devine, City Clerk NOTED AND APPROVED: ~~ David carman!. City Manager Attachments: Minutes e Agenda Item tJ e Seal Beach California January 14, 2008 Mayor Antos called the closed session of the Seal Beach City Council to order at 6:30 p.m. in the City Hall Conference Room. ROLL CALL Present Absent: Mayor Antos Councllmembers levitt, Shanks, Ybaben Councilmembef Larson Mayor Antos stated that this would be the time for members of the public to commen\ on 1heltem identllied on the agenda, there were no speakers. The City Attorney announced that pursuant to the Brown Act the Council would meet In closed session In accordance to Government Code Section 54957 to discuss public employee performance evaluations for Director of Administrative Services, Administrative Services Manager, Accountant, Budget Analyst, Accou~nt Technicians, and Account Clerk. CLOSED SESSION The Council recessed at 8:31 p.m. to Closed Session to discuss the Items on the agenda. At 6:43 p.m. the City Attorney announced that the City Council gave the City Manager directions regarding the agenda Item and no other action was taken. e ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 6:44 p.m. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk .r- ----- e Page 2 - City Council 01-14-08 e Seal Beach California January 14, 2008 . The City Council of the City of Seal Beach met at 7:00 p.m. with Mayor Antos calling the meeting to order with the Salute to the Flag. ROLL CALL Present: MayorlRDA Board Member Antos CouncllmemberslRDA Board Members Levitt, Shanks, Ybaben Absent: CouncilmemberlRDA Board Member Larson Also present: Mr. Carmany, City ManagerlExecutive Director Mr. Barrow, City Attomey/Legal Counsel Ms. Yotsuya, Assistant City Manager Mr. Whittenberg, Director of Development Services Mr. Mastrosimone, Director of Public Works Ms. Bird, Director of Administrative Services Chief Kirkpatrick, Police Department Captain Baliey, Ufeguard Department Mr. Ho, City Engineer OCFA Battalion Chief Camargo .. Mrs. Devine, City Clerk/Agency Secretary APPROVAL OF AGENDA Councliman Shanks removed Items "B" and "0" and Councilman Levitt removed item "0" from the consent calendar for separate consideration. Ybaben moved, second by levitt, to approve the agenda as amended. The City Attorney read the title of Ordinance Number 1566 (item ''OJ. AYES: NOES: ABSENT: Antos,Levitt,Shanks,Ybaben None Larson Motion canted PRESENTATIONSIPROCLAMATION Recognition was given to Mr. Mark Pisano for his service as the executive director of So. California Association of Government. was not present e ORAL COMMUNICATION Mayor Antos declared Oral Communications to be open. Tami Bul, representative from SCE, pointed out to the councli that a presentation report (item W) was in their packet and she would be available to answer any questions; Gall Taylor, representative from Cypress College Foundation, Introduced the 2008 Citizen of the Year from Seal Beach, Bob Eagle and encouraged the council and staff to attend their 33rd annual Americana Award Dinner on March 1 st where Mr. Eagle will be honored along with the other honoree from the surrounding cities; Eldon Alexander, Old Town, spoke about item "0" (Council District Two vacancy) his recommendation would be to hold a special election to fill the vacant council seat if there is more than one candidate that applies for the appointment; Robert Goldberg, Seal Beach, commented on item "J" (OCFA contract renewal} encouraged the council to consider other options for fire services - OCFA costs are increasing; Joyce Parque, Seal Beach, Indicated that she will be filing a Brown Act violation against Mayor Antos and Councilman Shanks - she believes that they and Councilman Larson communicated as to who would be the next Mayor before the meeting; and Seth Eaker, representative from the Seal Beach Chamber of Commerce, acknowledged there support of Bob Eagle being named Citizen of the Year, announced the upcoming chamber events and stated that the chamber would encourage the council to consIder using the TOT (transient occupancy tax) to off set the costs to hold their events, and thanked the police and fire department for all their hard work and service to the business community. There were no other speakers; Mayor Antos declared Oral Communications closed. Page. 3 City Council 01.14-Q8 e CITY ATTORNEY REPORT No report was given. CITY MANAGER REPORT No report given. COUNCIL COMMENTS No commenlS at this time. COUNCIL ITEM No items at this time. CONSENT CALENDAR. ITEMS "A" thru "r Levitt moved, second by Shanks, to approve the recommended actions for the items on the Consent Calendar as presented, except for Items "B", "0", and "0" pulled for separate consideration. AYES: NOES: ABSENT: Antos,L9~tt,Shanks,Ybaben None Larson Motion canted A. Approved the waiver of reading In full of all resolutions and ordinances. B. Item pulled by Councilman Shanks for separate consideration. Council recognition. Proclamation presented to Mr. Mark Pisano, executive director of SCAG. e C. Approved the minutes of the CIty Council Regular Meeting held on December 10, 2007. D. Item pulled by Councilman Shanks for separate consideration. City Council District Two Vacancy. Resolution Number 5643. E. Declared a vacancy on the Local Coastal Plan Ad Hoc Committee. District Two. F. Approved regular demands numbered 67806 through 68325 in the amount 01 $3,086,505.66: payroll demands numbered 6n62 through 67805; 68101 through 68148; and 68251 through 66291 In the amount of $691,421.56; and authorized warrants to be drawn on the Treasury for same. G. Received and flied the monthly Investment report for November 2007. H. Adopted Resolution Number 5644 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF AMERICA, AUTHORIZING ALTERNATE SIGNATURES, AUTHORIZING DIRECTOR OF ADMINISTRATIVE SERVICES TO ACT AS AGENT FOR THE CITY TO CLAIM UNCLAIMED PROPERTY, AND RESCINDING RESOLUTION NUMBER 5560." I. Authorized staff to initiate the request for proposal process for annual auditing services. Adopted Resolution Number 5645 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, e J. Page 4 - City Council 01-14-08 e CALIFORNIA APPROVING THE FIRST AMENDMENT TO AMENDED JOINT POWERS AUTHORITY AGREEMENT." (OCFA) K. Received and filed the Information regarding the CIty's insurance coverage through the California Joint Powers Insurance Authority (CJPIA) All Risk Property Insurance Program. L. Adopted Resolution Number 5646 emltled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND LIEBERT CASSIDY WHITMORE." M. Adopted Resolution Number 5647 entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE RENEWAL OF THE DELTA DENTAL PREFERRED PROVIDER ORGANIZATION (PPO) AND DENTAL HEALTH MAINTENANCE ORGANIZATION (DHMO) POLICIES REFLECTING JANUARY 1, 2008 CONTRACT TERMS AND PREMIUM RATES." N. Adopted Resolution Number 5848 entitled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 07-2, LAMPSON AVENUE WELL PROJECT, AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE." e O. Introduced Ordinance Number 1566 entitled 'AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA AMENDING MUNICIPAL CODE SECTION 8.05,015 APPLICABILITY TO PRIVATE ROADS AND SECTION 8.15.010 NO PARKING AREAS, REGARDING SURFSIDE COLONY." P. Adopted Resolution Number 5849 emitied 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN INTERAGENCY SERVICES AGREEMENT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR REIMBURSEMENT OF OCEAN LIFEGUARD TRAINING COSTS." a. Item pulled by Councilman Levitt for separate consideration. Adopted Resolution Number 5650 entitled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO SIGN SEAL BEACH PROFESSIONAL SERVICE AGREEMENT WITH CONSULTANT DAVID R. BLOOM, M.D." R. Adopted Resolution Number 5651 entitied 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO SIGN SEAL BEACH TELEPHONE MASTER SERVICE AGREEMENT WITH SECURUS TECHNOLOGIES (PROVIDER)." S. Adopted Resolution Number 5652 entitled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO APPLY FOR AND RECEIVE STATE CORRECTIONS TRAINING FUND MONIES." e T. Adopted Resolution Number 5653 em/tied 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PARCEL MAP NO. 2005-311 ALSO KNOWN AS 901-1101 PACIFIC COAST HIGHWAY." (Columbia Regency Retail Partners, LLC.) Page.5 City Council 01.14.08 e U. Adopted Resolution Number 5654 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PARCEL MAP NO. 2007-145 ALSO KNOWN AS 450 OCEAN AVENUE." (Smissenl V. Adopted Resolution Number 5655 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #50244 ANNUAL PAVING REHABILITATION 07/08 ENTERED INTO BETWEEN CITY OF SEAL BEACH AND SILVIA CONSTRUCTION." e W. Received and filed the report presented by Southern California Edison on the generel plans and future system enhancements. (Tami Bul, seE representative was present} X. Received and filed the plans and specilicetlons for the Seal Beach Boulevard and Lampson Avenue Median Project #50234. Y. Adopted Resolution Number 5656 emlded "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CERTIFYING THAT SEAL BEACH HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE FY 2008109 - 2013/14 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING ITS COMMITMENT TO IMPLEMENT ALL OF THE PROJECTS SUBMITTED IN THE PROGRAM." Z. Adopted Resolution Number 5657 emided "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDED CALTRANS COOPERATIVE AGREEMENT No. 12-50SA FOR THE SEAL BEACH BOULEVARD BRIDGE APPROACH WIDENING AT THE 405 FREEWAY (FROM DECEMBER 31, 2007 TO DECEMBER 31,2010)," AYES: NOES: ABSENT: Antos, Levitt, Shanks, Ybaben None Larson Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "B" / COUNCIL RECOGNITIONS / MARK PISANO / SCAG Councilman Shanks removed this item to request staff place recognitiOnS only in the "PRESENTATION/PROCLAMATION" seclion of the agenda. With no objections Mayor Antos so ordered to receive and file item "B" as presented. e ITEM "0" / RESOLUTION NUMBER 5643 / LARSON RESIGNATION / DECLARE VACANCY Councilman Shanks removed this Item to express his sincere gratitude to Councilman Larson for his commitment to the City of Seal Beach and the other Councilmembers agreed that his presence will be missed on the council and wished him a speedy recovery. It was requested that staff set up a date to have Councilman Larson return to receive acknowledgements for his tenure. Shanks moved, second by Levitt to adopt Resolution Number 5643 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING A VACANT SEAT ON THE SEAL BEACH CITY COUNCIL, DIRECTING THE CITY CLERK TO POST A NOTICE OF INTENTION TO FILL AeVACANCY ON THE SEAL BEACH CITY COUNCIL, AND ADVERTISE FOR APPLICATIONS TO FILL THE VACANCY." By unanimous consent, lull reading of Resoludon Number 5643 was waived. Page 6 . City Council 01.14-08 e AYES: NOES: ABSENT: Antos, Levitt, Shanks, Ybaben None Larson Motion carried e The City Attorney was asked to go over the appointment process. . Council adopts the resolution declaring a vacancy in District Two . City Clerk will post and publish a 'Notice of Intention to RII the Vacancy" of the unexpired term ending November 2008 . Letters of Interest and resumeJbiogrephy will be accepted until Friday, February 1st, 2008.5:00 p.m. . Monday, February 4th the City Clerk will verify qualifications of those who submitted their letters (County Voter Registra~s oflice) . Appointment times will be determlned by a drawing of candidate's name . Interviews will be conducted on Monday, February 11th, 2008 before the regular City Council meeting . Candldate selected will be swom-ln before the meeting . All candidates will receive a full agenda packet so that the one candidate that is selected will be able to participate In the meeting ITEM '0" I RESOLUTION NUMBER 5650 I RESOLUTION NUMBER 5650 I DR. DAVID R. BLOOM I JAIL OPERATIONS AGREEMENT Councilman Levitt requested this Item be pulled to clarify his concern over the chain of command as to when and who would notify when there Is a need for the doctor. It was determined In section 3.2 of the agreement that was printed In the agenda packet the words 'CIty Manager" was missing. The section should read: 3.2 City's Representative The City hereby designates the Cltv Manaaer. or his designee, to act as Its representative for the pefformance of this Agreement ("CIty's Representative". City's Repmsentalive shall have the power to act on behalf of the City for all purposes under this Contract. Doctor shall not accept direction from any person other thantheCity'sR~msentatlve. The nurse will be on site to help In determining the need for medical attention. Shanks moved, second by Levitt, to adopt Resolution Number 5650 entitied 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO SIGN SEAL BEACH PROFESSIONAL SERVICE AGREEMENT WITH CONSULTANT DAVID R. BLOOM, M.D." AYES: NOES: ABSENT: Antos, Levitt, Shanks, Ybaben None Larson Motion carried PUBLIC HEARING No public hearings were scheduled. e NEW BUSINESS ITEM 'BB" I RETIREE HEALTH BENEFITS I GOVERNMENTAL ACCOUNTING STANDARDS BOARD IGASB\ STATEMENT NO. 451 RECEIVE AND FILE The City Manager gave a power point presentation to Introduce the topic of retiree health benefits (GASB 45) to the council; no action was required at this time. Mr. John Bartel, consultant from Bartel Associates, was present to provide an overview of the actuarial report and answer any questions from council. (Copies of the presentations are on file In the City Clerk's office) Page - 7 City Council 01-14-08 e City Manage(s report: . A new accoumlng rule from GASB statement 45 requires all state and local government agencies in the United States to change the prectlce of how they report unfunded liability on the accounting books. . GASB 45 focuses on the Important national issue - funding retiree healthcare. (Liability of Other Post Employment Benefits - OPEB) Resulting In actuarial valuation and reporting for greater transparency for the public. . Need to examine, prepare and plan for the cash flow requirements promiSed to previous employees and how to reduce future costs. . The new ruling will become effective to different agencies based on the size of their budget - the City of Seal Beach will need to address this in the 2009 fiscal year. . Assumptions need to be discussed: present value of all benefits, amount of money needed to set aside and the rate of return, what will happen II there Is no money set aside, Is there a discount rate, etc. . This ruling has forced agencies to examine their current viability and long- term deliverablllty of their current benefits. the City of Seal Beach has made changes with some of the bargaining groups to change future hires' benefits. . GASB 45 does not require the agencies to fund OPEB - they are required to account for the unfunded liabilities. . The way that the City of Seal Beach actually finances benefits Is a policy decision made only by the City Council. . Statement 45 requires disclosure of Information about the funded status of the cIty's plan - Including the unfunded actuarial accrued liability in the city's financial statements. . The keys to understanding are the components of these liabilities, handling of costs, and funding method. If the city fully funds the city's Annual RequIred Contribution (ARC) It would cost about $600,000 a year - but if the ARC if fully funded (placed In a trust) only 3 of 4 dollars needed long term will be generated by the Investmem returns (trust). . Public agencies are using trust accounts to make contributions and accumulate assets to offset the liabilities that must be accrued under GASB45. . CalPERS Is one of the entities that offers a retlremem trust and Is acknowledged as one of the strongest in the coumry. . The City Council will be asked to consider Implementation of Statement 45 on a future agenda. e e Mr. John Bartel, consultant from Bartel Associates, LLC, presented a brief summary of OPEB (medical benefit payments to retirees): participant statistics . the closer employees are to retirement the larger the liability - currentiy Seal Beach has 84 active employees - 49 receiving benefits; actuarial methods and assumptions - key assumpUon is predicting the future health care premiums and discounting them back to today's costs; valuation results; and examples of 'pay- as-you-go' (4,5% discount rate) and full pre-funding (7.75% discoum rate) projections. Council Comments: . Would the City's money be combined or separate from CalPERS funds? Response: They are separate funds - pension Investments and retiree health care. The City will have the power of CalPERS large investment pool. . Requested clarification betWeen the 4.5% and 7.5% discoum rates and is it correct to say that the projection of costs for health care Is then determined by what the present value costs would be, using one of the discount rates, and any monies in the funds not being consumed by needs are earning returns at the same rate as the discounted rate, and there are no other fees. Response: Yes the statemem is correcl and the City Is restricted by statute In terms of what items they can invest In - can only invest In short term high QUality investments. CalPERS has the ability to diversify the Investments with fewer limitations. Page 8 - City Council 01-14-08 e . The City is currently making payments to the retirement health benefits on the .pay-as-you-go" basis - this has created the unfunded liability debt and there is no build up of funds. Response: This new ruling Is more of a transparency Issue; there Is no requirement that the City set money aside for future payments. With "Pay-as-you-go. there Is no money set aside for future payments - under the CalPERS trust, the funds for retiree benefits would be 751l of every dollar would be coming from the investment fund. . Would the unfunded liability appear on the City's balance sheet? Response: No, the accounting standard says "if the actuary says you should be contnbutlng a dollar and you contribute a dollar then no addition amount appears on the citywide financial statement (footnote liability). . If the City decides to continue on the ''pay-as-you-go. basis, then whatever is not pald would become an obligation and that would appear on the financial statement (refer to second column on presentation slides 7 and 8). The City should move with caution and would recommend not pay the unfunded liability In full in the irrevocable trust account - once the funds are In this account the funds can only be used to pay benefdS - the advantage to paying off the unfunded liability would be that the City would get a higher rate of return. It would become a legal Issue if the City had no obligation and wanted to get their money back out of the trust. Ybaben moved, second by Levitt to receive and file the Informational report on the Issues relating to r9!lree medlcal benefits. AYES: NOES: ABSENT: Antos,Le~tt,Shanks,Ybaben None Larson Motion carried e Mayor Antos recessed the Council meeting at 8:15 p.m. to the Redevelopment Agency Meeting and reconvened the Council meeting at 8:17 p.m. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 8:19 p.m. to Monday, February 11, 2008 at 2:00 p.m. to meet to conduct Interviews for the appointment of District Two Council member. Mayor Antos adjourned the meeting In memory of Ms. Ruth Darilng, Seal Beach Police Volunteer and long time resident of Seal Beach - she passed one week short of her looth birthday. City Clerk City of Seal Beach Approved: Mayor Attest: City Clerk Seal Beach, Callfomla January 28, 2008 The regularly scheduled meeting of the City Council for this date was cancelled by action of City Councll on September 24, 2007. City Clerk and ex-offlclo clerk Of the City of Seal Beach e THESE ARE TCNTAl1VE MINUTES ONLY, SUBJEGr TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: