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HomeMy WebLinkAboutCC Min 2007-11-05 Seal Beach California November 5, 2007 Mayor Larson called the closed session of the Seal Beach City Council to order at 6:30 p.m. in the City Hall Conference Room. .1 ROLL CALL Present: Mayor Larson Councilmembers Antos, Shanks, Ybaben Councilmember Levitt Absent: Shanks moved, second by Ybaben, to excuse Councilman Levitt from the November 5th Council meeting, with no objection Mayor Larson so ordered. Mr. Carmany, City Manager Mr. Barrow, City Attorney Mayor Larson stated that this would be the time for members of the public to comment on the item identified on the agenda, there were no speakers. Also present: The City Attorney announced that pursuant to the Brown Act the Council would meet in closed session in accordance to Government Code Section 54956.9(b) and (c) to confer with Legal Counsel regarding anticipated litigation for 2 potential cases and 1 case regarding initiation of litigation; and Government Code Section 54956.8 to confer with Real Property Negotiators in regards to property at 3900 Lampson Avenue (Tennis Center). 1 CLOSED SESSION The Council recessed to Closed Session to discuss the items on the agenda. The City Attorney announced at the Council meeting that the City Council gave directions regarding the agenda items and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council to adjourn the Closed Session at 7:00 p.m. ~ 1]..14 "Df/U;/ Ci Clerk . City of Seal Beach Approved: J:;I.(;J Lt~ Mayor 1 Atte"!4n:.u f..~ City erk Page 2 - City Council 11-05-07 Seal Beach, California November 5, 2007 The City Council of the City of Seal Beach met at 7:05 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Larson Councilmembers Antos, Shanks, Ybaben 1 Absent: Council member Levitt Also present: Mr. Carmany, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Mastrosimone, Interim Director of Public Works Chief Kirkpatrick, Police Department Captain Bailey, Lifeguard Department Mr. Spitz, Associate Engineer Mrs. Devine, City Clerk Mayor Larson stated that Councilman Levitt was excused from the meeting and the City Attorney announced that the City Council met in closed session to discuss the items on the agenda and gave directions regarding the items, no other action was taken, and Council adjourned closed session at 7:00 p.m. APPROVAL OF AGENDA Mayor Larson removed items "H", "K", and "L" from the consent calendar. Shanks moved, second by Antos, to approve the agenda as amended. AYES: NOES: ABSENT: Antos, Larson, Shanks, Ybaben None Levitt 1 Motion carried PRESENT A TIONS/PROCLAMA TION Mayor Larson recognized Eagle Scout recipient Ezra Freedman-Harvey and praised his efforts in achieving such a prestigious honor. PRESENTATION / PROPOSED VERIZON FIOS IMPLEMENTATION Mr. Mike Murray, representative from Verizon, provided a short video and gave the Council an overview of the process in implementing the citywide FIOS project. The City Council was reassured that the Verizon team will work with the City's Public Works Department and the residents in the types of hubs that will be installed and their locations, the project is scheduled to start around the middle of 2008, the cost for service will be competitive with what the cable company charges, and PEG access will mirror what the present cable company provides to the City. PROCLAMATION Proclamation declaring November 6-12, 2007 as "AbilityOne Week" for the 1 Goodwill of Orange County - no representative was present. ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Sally Hurst, Crestview Avenue and representative of the Orange County Interfaith Coalition for the Environment, encouraged the Mayor to sign the "Mayors Climate Protection Agreemenf, a national effort for the environment; Joyce parque, Seal Beach, reiterated the fact that she did not agree with council only meeting once a month and did not agree with floating a bond to pay for fire and police pensions; Robert Goldberg, Seal Beach, commented on item "H" and suggested that the council Page - 3 City Council 11-05-07 use some of the money in the unfunded reserves to pay down the debt to Cal PERS unfunded liability. There were no other speakers; Mayor Larson declared Oral Communications closed. . CITY ATTORNEY REPORT No report given. CITY MANAGER REPORT No report given. 1 COUNCIL COMMENTS No reports given. COUNCIL ITEM Shanks moved, second by Ybaben, to approve the appointment of Councilman Charles Antos as the City's representative on the California Joint Powers Insurance Authority (CJPIA). AYES: NOES: ABSENT: Antos, Larson, Shanks, Ybaben None Levitt Motion carried CONSENT CALENDAR - ITEMS "B" thru "L" Antos moved, second by Shanks, to approve the recommended actions for the items on the Consent Calendar as presented, except for items "H", "K", and "L" pulled for separate consideration. Mayor Larson indicated that he would always cast a no vote on any item regarding the cable company (item "G"). 1 AYES: NOES: ABSENT: B. Antos, Larson, Shanks, Ybaben None Levitt Motion carried Approved the waiver of reading in full of all resolutions and ordinances. C. Received and filed Council recognition - Proclamation declaring November 6-12, 2007 as "AbilityOne Week" - Goodwill of Orange County. D. Approved the minutes of the City Council Regular Meeting held on October 22,2007. E. Approved regular demands numbered 67022 through 67251 in the amount of $1,775,191.16; payroll demands numbered 67129 through 67177 in the amount of $207,890.41; and authorized warrants to be drawn on the Treasury for same. F. Confirmed the temporary appointment of Councilman Shanks as alternate to the Los Cerritos Wetland Authority. G. Adopted Ordinance Number 1563 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 6.10 OF TITLE 6 OF THE SEAL BEACH MUNICIPAL CODE BY ADDING A NEW SECTION, 6.10.085". Mayor Larson cast a no vote. H. Removed for separate consideration (Larson). Potential Issuance of pension obligation bonds - California Communities Pension Obligation Pooled Program. 1 I. Received and filed the staff report authorizing the Mayor to sign a letter to the California Air Resources Board and authorized staff to continue to monitor port related air emission matters. Page 4 - City Council 11-05-07 J. Adopted Resolution Number 5626 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT, NO. 09-01 FOR FISCAL YEAR 2008109 TO INCREASE THE CONTRACT PROFESSIONAL SERVICES IN THE CAPITAL PROJECTS FUND (LOCAL PAVING PROGRAM)". K. Removed for separate consideration (Larson). Resolution Number 5627 - Rivers and Mountains Conservancy Grant funds for the San Gabriel River Trail enhancement development. 1 L. Removed for separate consideration (Larson). East Beach Sand Nourishment Project with the Army Corps of Engineers in the stage 12 sand nourishment project. AYES: NOES: ABSENT: Antos, Larson, Shanks, Ybaben None Levitt Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" / POTENTIAL ISSUANCE OF PENSION OBLIGATION BONDS Mayor Larson pulled item: discussion from council was how the City can keep from continuing the unfunded liability debt to Cal PERS and questioned would pursuing a pension obligation bond be the best way to payoff the current unfunded liability. The City Manager comments: Need to address 2 major unfunded liabilities that affect the general fund are the Cal PERS Side Fund Obligation - this is a payment in addition to the normal payment (as of June 2008 the amount will be $10.8 million) and the unfunded liabilities for the retiree health care program. Staff is asking Council to consider an option to payoff the 1 unfunded liability at a better interest rate than what the City is currently paying and this could save the City about $50,000 per year. The staff report indicated that the DeLaRosa investment firm recommended the City not use their firm in a stand alone venture, but for the City to participate in a cooperative program through the California Statewide Communities Development Authority, a joint powers authority through League of California Cities and CSAC (county association) - there will be about 5 or 6 agencies in this joint pension bond (each being responsible for its own debt). Staff will bring back to Council a recommendation to go forward with the pension bonds or if they find out that there is not a saving from this joint venture staff would recommend continuing with the Cal PERS arrangement. Either way there is still the unfunded liability that wi!1 need to be paid - the cooperative financing pool would be at a better interest rate. The City Manager explained that the funds that are paid to PERS is calculated annually based on the City's loss experience and paid over an amortized period by group; the City has three groups covered by PERS: the Miscellaneous (City Hall employees) Group (this group has a positive balance currently of about $400,000) and the other two groups are the Safety Police Group and the Safety Fire (City's former fire department) Group (these two groups comprise a negative balance that will be $10.8 million) - the unfunded liability was created because the rate the City is currently paying per month to Cal PERS does not cover the total cost for the retirees pension. The staff would also recommend that for the future years the City make the required contribution 1 in full to Cal PERS to keep from having this debt. Seal Beach is not the only City that has this unfunded liability but for the size of Seal Beach this is an extremely large obligation. In response to Councilman Ybaben's concerns over what can be done to keep from incurring any future unfunded liabilities - the City Manager stated that the key to managing these expenses is to manage the way the City bargains for these retirement benefits and to pay the full costs to Cal PERS. Shanks moved, second by Ybaben, to direct staff to pursue a pension obligation bond and provide the necessary documentation for Council consideration authorizing payment of a $7,500 commitment fee for the California Communities Pension Obligation Pooled Program. Page - 5 City Council 11-05-07 AYES: NOES: ABSENT: Antos, Larson, Shanks, Ybaben None Levitt Motion carried 1 ITEM "K" / RESOLUTION NUMBER 5627 / RIVERS AND MOUNTAINS CONSERVANCY (RMCl GRANT AGREEMENT Mayor Larson received clarification that this is the first grant and is in the amount of $500,000 from the RMC and the City has applied for two other grants in the amount of about $2.85 million to complete the project. Larson moved, second by Ybaben, to adopt Resolution Number 5627 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT FOR GRANT FUNDS FOR THE SAN GABRIEL RIVER TRAIL ENHANCEMENTS PROJECT THROUGH THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (PROPOSITION 50) AND DIRECTING THE CITY MANAGER TO SIGN THE GRANT AGREEMENT'. By unanimous consent, full reading of Resolution Number 5627 was waived. AYES: NOES: ABSENT: Antos, Larson, Shanks, Ybaben None Levitt Motion carried 1 ITEM "L" / EAST BEACH SAND NOURISHMENT PROJECT Mayor Larson stated that this item should be under New Business not under the Consent Calendar and expressed that the City should be able to get the federal government to pay for the sand - the problem is the City signed off in the 1950's that if the federal government built the groin they will not be responsible for future maintenance of the beach and it would take legislative action to make any changes to this agreement. Moffatt and Nichol representative, Chris Webb was present to answer any questions that the Council may have regarding this project. Shanks moved, second by Antos, to authorize the City Manager to execute the agreement for the East Beach Sand Nourishment Project and select Alternative 1 to participate with the Army Corps of Engineers in the stage 12 sand nourishment project. AYES: NOES: ABSENT: Antos, Larson, Shanks, Ybaben None Levitt Motion carried PUBLIC HEARING No Public Hearings scheduled at this time. NEW BUSINESS No New Business at this time. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 8:09 p.m. to Monday, December 10, 2007, at 6:30 p.m. to moet'o """'" ....~o, "deom'" o~ ~ ' , )~/ Ity Clerk City of Seal Beach Approved: ~.V~ ayor rf:4y~~ U~j City Clerk Attest: