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Home My WebLink AboutCC Min 2007-12-10 Seal Beach California December 10,2007 The City Council of the City of Seal Beach met at 7:00 p.m. with Mayor Larson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor/RDA Board Member Larson CouncilmemberslRDA Board Members Antos, Levitt, Shanks, Ybaben Also present: Mr. Carmany, City Manager/Executive Director Mr. Barrow, City Attorney/Legal Counsel Ms. Yotsuya, Assistant City Manager Mr. Whittenberg, Director of Development Services Mr. Mastrosimone, Interim Director of Public Works Chief Kirkpatrick, Police Department Captain Bailey, Lifeguard Department Mr. Ho, Assistant City Engineer Mr. Doggett, Building Official Ms. Chapanond, Administrative Assistant Ms. Salicos, Administrative Intern Mrs. Devine, City Clerk/Agency Secretary 1 APPROVAL OF AGENDA Staff requested to pull and continue item "AA" to the January 14, 2008 Council Meeting. Councilman Antos indicated that the presentation by General Combs be pulled and placed on a future agenda. Councilman Shanks pulled item "N" for separate consideration and Mayor Larson stated that he would like the record to show that he voted no on items "M" and "0". With no objection Mayor Larson so ordered the approval of the agenda as amended. PRESENT ATIONSlPROCLAMATION Recognition was given to Mrs. Frances Hood who celebrated her 100th Birthday. Mayor Larson also recognized OCFA Battalion Chief Don Forsyth for his 35 years of service to the community - Battalion Chief Forsyth was transferred to the City of Tustin. 1 ORAL COMMUNICATION Mayor Larson declared Oral Communications to be open. Robert Goldberg, Seal Beach, spoke about the unfunded liabilities and pension fund - requested Council to not approve item "H" - Council Compensation raise to $600 per month; Seth Eaker, Seal Beach Chamber representative, thanked everyone for their support in the holiday parade and requested that he be appointed as the business representative to the DWP Advisory Committee; Joyce parque, Seal Beach, indicated that through a public records request back in Aug of 2006 she had received what the amount of the unfunded liability was, said that Council needs to control government spending, and stated that if the City can refund the taxes to businesses they should also refund taxes to the residents. There were no other speakers; Mayor Larson declared Oral Communications closed. . CITY ATTORNEY REPORT No report given. The City Attorney read the title of Ordinance Number 1561, item "H" on the consent calendar. 1 CITY MANAGER REPORT No report given. COUNCIL COMMENTS Council Members wished everyone a Merry Christmas and a Happy New Year and expressed "Happy Hanukah" as well. Page 2 - City Council 12-10-07 Mayor Larson requested the City Manager to provide Council a report on the closing of the Seal Beach Market and the Albertson's Market and would like to have staff contact the county regarding the increase of bus service to Leisure World residents to shop at the Ralph's Market. He also requested to have an update report on the sand project. COUNCIL ITEM No items at this time. 1 CONSENT CALENDAR - ITEMS "A" thru "T" Ybaben moved, second by Antos, to approve the recommended actions for the items on the Consent Calendar as presented, except for item "N" pulled for separate consideration. Mayor Larson cast no votes on items "M" and "0". AYES: NOES: 1 1 Antos, Larson, Levitt, Shanks, Ybaben None Motion carried A. Approved the waiver of reading in full of all resolutions and ordinances. B. Received and filed Council recognition - Certificate of Recognition to Mrs. Frances Hood - 100th Birthday. C. Approved the minutes of the City Council Regular Meeting held on November 5, 2007. D. Approved regular demands numbered 67252 through 67761 in the amount of $2,712,530.23; payroll demands numbered 67334 through 67363; 67365 through 67412; and 67562 through 67602 in the amount of $497,803.40; and authorized warrants to be drawn on the Treasury for same. E. Received and filed the monthly investment report for October 2007. F. Received and filed the annual report for the City of Seal Beach Community Facilities District No. 2002-1 (Heron Pointe). G. Received and filed the annual report for the City of Seal Beach Community Facilities District No. 2005-1 (Pacific Gateway Business Center). H. Adopted Ordinance Number 1561 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING MUNICIPAL CODE SECTION 3.05.010 REGARDING COUNCIL COMPENSATION." I. Adopted Resolution Number 5628 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AMENDMENTS TO THE CLASSIFICATION PLAN AND AMENDING THE CLASSIFICATION SPECIFICATION OF THE POSITIONS OF DIRECTOR OF PUBLIC WORKS/CITY ENGINEER AND ASSISTANT CITY ENGINEER TO SEPARATELY ESTABLISH THE CLASSIFICATIONS OF DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER, AND TO ELIMINATE THE CLASSIFICATION OF ASSISTANT CITY ENGINEER." J. Adopted Resolution Number 5629 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DESIGNATING ASD INSURANCE SERVICES AS THE BROKER OF AUTHORIZATION." K. Adopted Resolution Number 5630 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION NUMBER 5545 ADDING THE SALARY RANGE FOR THE POSITION OF BEACH LIFEGUARD TRAINEE." Page - 3 City Council 12-1 0-07 L. Adopted Resolution Number 5631 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) AND SUPERSEDING RESOLUTION NUMBER 5559." M. Adopted Resolution Number 5632 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH RATIFYING THE PROFESSIONAL SERVICES AGREEMENT FOR 1 ENVIRONMENTAL REVIEW DOCUMENTATION FOR THE EAST BEACH SAND NOURISHMENT PROJECT BETWEEN THE CITY OF SEAL BEACH AND BONTERRA CONSULTING. " Vote: 4-1 (Mayor Larson voted no). N. Item pulled by Councilman Shanks for separate consideration. Renewal of NPDES authorized inspectors' agreement (OC Implementation Agreement No. D07-100 - Resolution Number 5633) O. Adopted Resolution Number 5634 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE DIRECTOR OF PUBLIC WORKS FOR THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA COASTAL COMMISSION FOR THE REHABILITATION OF THE DECKING ON THE SEAL BEACH MUNICIPAL PIER." Vote: 4-1 (Mayor Larson voted no). P. Adopted Resolution Number 5635 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 #50206 BLUEBELL PARK 1 IMPROVEMENTS ENTERED INTO BETWEEN CITY OF SEAL BEACH AND HONDO COMPANY, INC." O. Adopted Resolution Number 5636 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN HOLD-HARMLESS AGREEMENTS WITH BUSINESSES PARTNERING WITH THE POLICE DEPARTMENT'S EYE-IN-THE- SKY CRIME PREVENTION PROGRAM." R. Adopted Resolution Number 5637 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AGREEMENT FOR TRANSFER OR PURCHASE OF EOUIPMENT/SERVICES OR FOR. REIMBURSEMENT OF TRAINING COSTS FOR FY07 URBAN AREA SECURITY INITIATIVE (UASI) BETWEEN THE CITY OF SANTA ANA AND THE CITY OF SEAL BEACH." S. Adopted Resolution Number 5638 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ACCEPTANCE OF FEDERAL URBAN AREA SECURITY INITIATIVE FUNDING FOR COMPUTERS FOR USE IN THE CITY EMERGENCY OPERATIONS CENTER." 1 T. Adopted Resolution Number 5639 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN SEAL BEACH PROFESSIONAL SERVICE AGREEMENT WITH CONSULTANT CHERYL PITT, R.N." AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried Page 4 - City Council 12-10-07 1 ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "N" / RESOLUTION NUMBER 5633/ RENEWAL NPDES AGREEMENT Councilman Shanks removed this item to have clarification on the inspection of the water quality along the beach. The City Manager stated that the county health department is responsible for the testing and the City does not have to pay for this service - the City does help in the posting of the warning or closure signs. Lifeguard Captain Bailey responded that the ocean water is checked twice a week at five locations along the City's beach and stated that the county health department recommends that no one swim in the ocean at least 72 hours after it rains whether there are warning signs or not. Shanks moved, second by Larson, to adopted Resolution Number 5633 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING WATER OUALlTY ORDINANCE IMPLEMENTATION AGREEMENT NO. D07-100 BETWEEN THE CITY OF SEAL BEACH AND THE COUNTY OF ORANGE FOR AUTHORIZED NPDES INSPECTORS." By unanimous consent, full reading of Resolution Number 5633 was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried 1 PUBLIC HEARING ITEM V / ORDINANCE NUMBER 1562/ ORDINANCE NUMBER 1564U /2007 BUILDING CODES Mayor Larson declared the public hearing open for consideration of Ordinance Number 1562 and Urgency Ordinance Number 1564U, adopting 2007 California Building Codes - with any amendments. The City Clerk stated that the public hearing notice was published in the Sun newspaper twice on November 15th and 29th, 2007 as required by law and stated that no correspondence for or against the item was received. The Director of Development Services indicated that the State of California adopts, on a three year cycle, the California State Construction Codes. Cities have six months from the adoption to adopt local amendments to the state adopted codes to reflect local circumstances. Primary changes are related to the fire codes - OC Fire Authority representatives and the city building official were present to answer any questions. There are two ordinances for council action: Ordinance Number 1562 (effective date January 9, 2008) and Urgency Ordinance Number 1564 (effective date January 1, 2008). The urgency ordinance is needed to enforce the new codes before the regular ordinance becomes effective. Mayor Larson asked anyone wishing to speak either for or against this item to come to the microphone and state their name for the record. There being no other speakers the Mayor closed the public hearing. Antos moved, second by Ybaben, to adopt Ordinance Number 1562 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY DELETING CHAPTER 9.60 OF TITLE 9, BUILDING CODE, IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 9.60 OF TITLE 9, BUILDING CODE, ADOPTING BY REFERENCE THE CALIFORNIA BUILDING CODE, 2007 EDITION, INCORPORATING THE 2006 "INTERNATIONAL BUILDING CODE," INCLUDING APPENDIX CHAPTER 1, B, D, F, I AND J; THE CALIFORNIA PLUMBING CODE, 2007 EDITION, INCORPORATING THE 2006 "UNIFORM PLUMBING CODE," INCLUDING APPENDIX 1, A AND L; THE CALIFORNIA MECHANICAL CODE, 2007 EDITION, INCORPORATING THE 2006 "UNIFORM MECHANICAL CODE," INCLUDING APPENDIX 1; THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION, INCORPORATING THE 2005 "NATIONAL ELECTRICAL CODE"; THE CALIFORNIA FIRE CODE, 2007 EDITION, INCORPORATING THE 2006 "INTERNATIONAL FIRE CODE," INCLUDING APPENDIX CHAPTER 1, B, AND C; THE "INTERNATIONAL PROPERTY MAINTENANCE CODE," 2006 EDITION; THE "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE," 2006 EDITION; THE "UNIFORM SOLAR ENERGY CODE," 2006 EDITION; THE 1 Page - 5 City Council 12-10-07 "CALIFORNIA ENERGY CODE," 2007 EDITION; THE "CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE," 2007 EDITION; THE "CALIFORNIA HISTORICAL BUILDING CODE," 2007 EDITION; THE "CALIFORNIA EXISTING BUILDING CODE," 2007 EDITION; THE "CALIFORNIA REFERENCED STANDARDS," 2007 EDITION; AND THE "CALIFORNIA ADMINISTRATIVE CODE," 2007 EDITION". The City Attorney read the title for the record. By unanimous consent, full reading of Ordinance Number 1562 was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried 1 Shanks moved, second by Antos, to adopt Urgency Ordinance Number 1565U entitled "AN URGENCY ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY DELETING CHAPTER 9.60 OF TITLE 9, BUILDING CODE, IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 9.60 OF TITLE 9, BUILDING CODE, ADOPTING BY REFERENCE THE CALIFORNIA BUILDING CODE, 2007 EDITION, INCORPORATING THE 2006 "INTERNATIONAL BUILDING CODE," INCLUDING APPENDIX CHAPTER 1, B, D, F, I AND J; THE CALIFORNIA PLUMBING CODE, 2007 EDITION, INCORPORATING THE 2006 "UNIFORM PLUMBING CODE," INCLUDING APPENDIX 1, A AND L; THE CALIFORNIA MECHANICAL CODE, 2007 EDITION, INCORPORATING THE 2006 "UNIFORM MECHANICAL CODE," INCLUDING APPENDIX 1; THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION, INCORPORATING THE 2005 "NATIONAL ELECTRICAL CODE"; THE CALIFORNIA FIRE CODE, 2007 EDITION, INCORPORATING THE 2006 "INTERNATIONAL FIRE CODE," INCLUDING APPENDIX CHAPTER 1, B, AND C; THE "INTERNATIONAL PROPERTY MAINTENANCE CODE," 2006 EDITION; THE "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE," 2006 EDITION; THE "UNIFORM SOLAR ENERGY CODE," 2006 EDITION; THE "CALIFORNIA ENERGY CODE," 2007 EDITION; THE "CALIFORNIA 1 ELEVATOR SAFETY CONSTRUCTION CODE," 2007 EDITION; THE "CALIFORNIA HISTORICAL BUILDING CODE," 2007 EDITION; THE "CALIFORNIA EXISTING BUILDING CODE," 2007 EDITION; THE "CALIFORNIA REFERENCED STANDARDS," 2007 EDITION; AND THE "CALIFORNIA ADMINISTRATIVE CODE," 2007 EDITION AND DECLARING THE URGENCY THEREOF. The City Attorney read the title for the record. By unanimous consent, full reading of Ordinance Number 1564U was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried ITEM 'W" / ORDINANCE 1565/ EXTEND PROHIBITION OF ESTABLISHMENT OF MARIJUANA DISPENSARIES Mayor Larson declared the public hearing open for consideration of Ordinance Number 1565U prohibiting establishment of Marijuana Dispensaries in any zoning district within the City. The City Clerk stated that the public hearing notice was published in the Sun newspaper on November 29th, 2007 as required by law and stated that no correspondence for or against the item was received. The Director of Development Services explained that in accordance with state law this ordinance would extend the ordinance (Ord. #1556 adopted on January 22, 2007 and extended by Ord. #1557U on February 12, 2007), prohibiting the establishment of marijuana dispensaries in any zoning district within the City. A report regarding the ongoing study of the impact of the medical marijuana dispensaries and related legal issues was included in the staff report (there is apparent conflict between federal and state law). Mayor Larson asked anyone wishing to speak either for or against this item to come to the microphone and state their name for the record. There being no other speakers the Mayor closed the public hearing. Antos moved, second by Ybaben, to adopt Ordinance Number 1565U entitled "AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING INTERIM ORDINANCE NO. 1556, PROHIBITING THE ESTABLISHMENT OF 1 Page 6 - City Council 12-10-07 MARIJUANA DISPENSARIES IN ANY ZONING DISTRICT WITHIN THE CITY AND DECLARING THE URGENCY THEREOP. The City Attorney read the title for the record. By unanimous consent, full reading of Ordinance Number 1565U was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried 1 ITEM "X" I RESOLUTION NUMBER 5616 / EXTEND CABLE FRANCHISE AGREEMENT Mayor Larson declared the public hearing open for consideration of Resolution Number 5616 extending the term of the nonexclusive cable television franchise agreement with Time Warner Cable. The City Clerk stated that the public hearing notice was published in the Sun newspaper on November 29th, 2007 as required by law and stated that no correspondence for or against the item was received. The Assistant City Manager stated that council requested a public hearing be scheduled prior to the consideration of extending the terms of the existing franchise agreement with Time Warner Cable (expires December 10, 2007) and indicated that under new state law the City will no longer be the franchising authority for cable television (effective January 2008), this will be granted exclusively by the Public Utilities Commission. Mayor Larson asked anyone wishing to speak either for or against this item to come to the microphone and state their name for the record. There being no other speakers the Mayor closed the public hearing. The City Attorney explained that council adopted at their last meeting an ordinance that would apply all the existing regulations to any statewide franchise, legal aspect there would be no changes (would get same PEG service, local origination channels, and receive franchise fees), and the practical aspect this would create more competition with other companies like Verizon. The City had very little control over the type of service from the cable companies and now there is no control - where can the City go to register a complaint? Mayor Larson stated that the only way he can protest is to vote no. Shanks moved, second by Antos, to adopt Resolution Number 5616 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH EXTENDING THE TERM OF THE NONEXCLUSIVE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND TIME WARNER NY CABLE, LLC, dba TIME WARNER CABLE, TO JANUARY 2, 2008". By unanimous consent, full reading of Resolution Number 5616 was waived. 1 AYES: NOES: Antos, Shanks Larson, Levitt, Ybaben Motion failed 1 ITEM "Y" / RESOLUTION NUMBER 5640 / ADJUST PUBLIC WORKS CONTRACT BIDDING THRESHOLD / $24.000 Mayor Larson declared the public hearing open for consideration of Resolution Number 5640 confirming the adjustment to the bidding threshold on Public Works Contracts. The City Clerk stated that the public hearing notice was published in the Sun newspaper on November 29th, 2007 as required by law and stated that no correspondence for or against the item was received. The Interim Director of Public Works stated that in March of 2002 the City Charter was amended to include a formal procedure to calculate the bidding threshold ($20,000) for public works contracts - this requires that this amount be reviewed annually and adjusted to ensure this amount reflects the inflation cost increases. At this time staff requests the bidding threshold be increased to $24,000. Mayor Larson asked anyone wishing to speak either for or against this item to come to the microphone and state their name for the record. There being no other speakers the Mayor closed the public hearing. Shanks moved, second by Antos, to adopt Resolution Number 5640 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH FONFIRMING AN ADJUSTMENT TO THE BIDDING THRESHOLD ON PUBLIC Page -7 City Council 12-10-07 WORKS CONTRACTS IN ACCORDANCE WITH SECTION 1010 OF THE CITY CHARTER." By unanimous consent, full reading of Resolution Number 5640 was waived. AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried NEW BUSINESS ITEM "Z" / RESOLUTION NUMBER 5641/ PENSION OBLIGATION BONDS The City Manager said that Council gave staff general direction to explore the option of using the League of California Cities, California Statewide Community Debt Authority as a vehicle to address the issue of the pension obligation. (Complete staff report and presentation on file in the City Clerk's office) . Pension obligation bonds are used as an alternative to pay for unfunded accrued actuarial liability - this is currently being paid to CaIPERS. . CalPERS was used as the most cost effective tool at the time. . Pension bonds would replace the current payment of the unfunded debt being paid to CalPERS at a lower interest rate. This payment is in addition to the regular payment being sent to the State every year towards the normal retirement costs. . How did the City get into this posture: The unfunded accrued actuarial liability is the amount that will be required to be paid to satisfy all of the bargained agreements that the City has currently under contract. This is calculated every two to three years and the City's obligation as of June 30, 2008 will be $10.8 million. . City of Seal Beach currently holdS one of the worst rates in Orange County - this is primarily due to the age structure and mortality of the retired work force and that there has been some bad history with respect to the actuarial of the people who retired, especially with those who retired with disability retirement. . CalPERS interest rate is 7.75% for the unfunded liability - the anticipated interest rate for the bonds will be approximately 5.1 % - leaving all the variables constant (not extending the terms, the amount, etc.) only taking advantage of the lower interest rates. Over the next ten years this would be a saving to the City of about $1 million. 1 1 Staff is asking council for direction to proceed with the issuance of pension obligation bonds only as a fixed rate transaction, with a minimum Net Present Value savings of at least $500,000 (savings over the cost of issuing the bond) and approval of Resolution Number 5641 (keep the savings constant and level). Council Comments: . Should the city payoff the fire obligation out of reserves and is there a pre-payment penalty? Response: Reserves are difficult to achieve and easy to spend - would be inclined to hold the reserves. The saving is worth while to include the fire debt. Yes, there is a pre-payment penalty and can be structured to be refinanced - they are taxable bonds and the institutional investors that purchase the bonds would add this feature at high cost and this would not make it cost effective for the City to proceed. . Why are these bonds taxable? . When did this debt start, is it stable, and can the budget be set up to keep 1 this from continuing? Response: The debt has been stable for a couple of years; to avoid getting into further unfunded debt the City would need to send in what is call the ARC (annual required contribution) to CalPERS - this amount would be about three times the amount the City is currently sending in under the pay as you go system. . With making the ARC payment would the City build up an excess fund? Response: Yes, if the City budgets to pay the amount at the level required by the governmental accounting standard board, statement 45, the fund would be building up and ultimately three out of every four dollars coming out would be coming from this fund. Long term this money is invested and Page 8 - City Council 12-10-07 1 earning interest - the principal and interest are then paying for the benefit costs - this would cut the amount the City is required to pay each year. · The State assured the City that the safety retirement would have little change in cost - this was wrong. One alternative is for the City to change the retirement benefits for new employees - this is not good public relations with the employees but may be necessary. Response: The City has already bargained with the police association to no longer offer the same retirement health benefits to the new hires - this cut the unfunded accrued liability in half. This employee group recognized the need to do this to help the City maintain long term fiscal solvency. Staff will be working with the other employee groups to try and reduce the costs. . In trying to keep the City fiscally responsible the City had drastically reduced the number of employees - this surplus helped to fund the storm drains and other projects. Response: The council has done a good job as fiscal steward and providing the core services to the residents. · The City Attorney answered the question - why are these bonds taxable: They are taxable because the proceeds will be invested rather than spent within the next three years; non-taxable bonds you have the obligation to spend the proceeds within three years. · The City Manager stated that in terms of how the money flows the recommendation is to use the pooled approach - this would be the most efficient way to issue the debt. The City looked at the stand alone bonds and cost of issuance was the same but in the pooled approach the costs would be spread among the five or six agencies in the pool. · The unfunded debt is the same - we would be paying off the debt at a lower interest rate at the end of ten years. · Would like to consider paying off the fire debt using the City's reserves - this reserve level could be over $1 million by the end of 2008. Response: Staff has been looking at the unfunded projects - facilities need repair, capital needs, 800 MHz radio system, and there are other needs in the near future - would recommend to not use the reserves. There are other alternatives with CalPERS that staff could look into like extending the time terms - this would not be recommended. Staff is willing to look into other approaches if this is what Council would recommend. · According to the staff report the City has been under paying the required amount due to the state and avoiding this issue for a number of years - consequently the amount has increased and increased over the years. It is not a good idea to reduce the City's reserves - there have been too many incidents where there have been unexpected public works projects - the reserves need to stay for unforeseen emergencies. 1 Antos moved, second by Ybaben, to adopt Resolution Number 5641 entitled "A RESOLUTION OF THE CITY OF SEAL BEACH AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF PENSION OBLIGATION BONDS, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT AND A PURCHASE AGREEMENT, AND AUTHORIZING A VALIDATION ACTION AND OTHER MATTERS RELATING THERETO." By unanimous consent, full reading of Resolution Number 5641 was waived. 1 AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried ITEM "AA" / RETIREE HEALTH BENEFITS / UNFUNDED LIABILITY Staff requested this item be pulled and continued to the January 14, 2008 Council meeting. ITEM "BB" / COUNCIL REORGANIZATION / SELECTION OF MAYOR / SELECTION OF MAYOR PROTEM Mayor Larson declared nominations open for the position of Mayor for 2008. Councilman Shanks nominated Councilman Antos as Mayor. By unanimous consent, nominations were closed. Page - 9 City Council 12-1 0-07 Councilman Ybaben stated that the unwritten tradition has been that the person that is Mayor Pro Tern should make it known to the other council members if he is interested in becoming the next mayor. Councilman Ybaben expressed his concerns about the fact that some of the council members were skipped over. AYES: NOES: ABSTAIN: Antos, Larson, Shanks None Levitt, Ybaben Motion carried Councilman Antos was declared Mayor for 2008. Mayor Larson declared nominations open for the position of Mayor ProTem for 2008. Councilman Ybaben nominated Councilman Levitt as Mayor ProTem. By unanimous consent, nominations were closed. I AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried Councilman Levitt was declared Mayor ProTem for 2008. Outgoing Mayor Pro Tern Ybaben presented outgoing Mayor Larson with a commemorative gift for his excellent service as Mayor, 2006-2007. ITEM "CC" / RESOLUTION NUMBER 5642/2008 MAYORAL APPOINTMENTS 2008 Mayor Antos announced the Mayoral Appointments for 2008. With no objections Resolution Number 5642 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF COUNCIL REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES, AND ORGANIZATIONS, and ASSIGNING CERTAIN DUTIES TO COUNCILMEMBERS AND REPEALING RESOLUTION NUMBER 5468." was adopted. By unanimous consent, full reading of Resolution Number 5642 was waived. Mayor Appointments 2008 1 '111:;i:::'I!!lt' ," ,'. ", ~~I~!~i" A 1.~~~'" .. ~~I~i~\"~i ,.. 'I~' .1Iill~! mUI: . F.ljuilll,~ ' . :lii'lp,Ii~b~' ':I!I,:I' ,'J . ~~I . ""I~I, . epres4i!n v " 1M I' ~Alte ate'''' "")"I":~,\, :d~d!:iil~~!1 ,II.. ~ IU: Y,ill ".', . ji.I::11P ',I': I '1111111:. ,',11111I. ,..13 . " . 111: 1111. I.. :j(~' '''Ill' California Joint Powers Insurance Authority John Larson CarmanyNotsuya League of California Cities - Voting Delegate Charles Antos Mike Levitt League of California Cities, Orange County Charles Antos Mike Levitt Division Los Alamitos Unified School District - Standing Charles Antos Gordon Shanks Committee (2 reoresentatives) Los Cerritos Wetlands Authority John Larson Mike Levitt Orange County Fire Authority John Larson Mike Levitt Orange County Library Board Gordon Shanks Charles Antos Orange County Sanitation District, Board of Charles Antos Gordon Shanks Directors Orange County Transportation Authority, Growth Ray Ybaben Mike Levitt Manacement Area #2 & Area #6 OCTA -Interstate 405 Major Investment Study Gordon Shanks Mike Levitt (MIS) Policv Workinc Grouo Orange County Vector Control Board - Mike Levitt None expires 12131/2008 Seal Beach Affordable Housing Corporation Gordon Shanks None Santa Ana River Flood Protection Agency Gordon Shanks Charles Antos So. California Association of Govemments Mike Levitt Gordon Shanks West Comm - Joint Powers Authority Ray Ybaben Carmany West Orange County Water Board Charles Antos Gordon Shanks 1 Page 10 - City Council 12-10-07 ITEM oDD" I BOARDS - COMMITTEES - COMMISSIONS / ANNUAL APPOINTMENTS Shanks moved, second by Antos, to approve the appointments to the various Boards and Commissions made by the appropriate Council members as revised. 1 Archaeolooical Advisory Committee - One Year Term District One Keith Dixon District Two Joe Woyjeck District Three Richard Coles District Four Bruce Fitzpatrick District Five Paul Burger Architectural Review Committee - Tract 9814 - Expires January 2008 Board of Aooeals - No changes Citizens Particioation Committee lH/CD Proiects) - No Changes Deot. of Water and Power Advisorv Committee (4 year term of appointment will coincide with the Council members term of office) District One Nancey Kredell expires 2010 District Two Allene Harding expires 2008 District Three Rita Strickroth expires 2010 District Four Delmar L. Smith expires 2008 District Five Beth Retterrath expires 2010 San Gabriel Park Society Mitzi Morton expires 2008 SB Chamber of Commerce Seth Eaker expires 2008 1 Environmental Oualitv Control Board - Four Year Term District One Barbara Barton (extend 1 year to align with council term - 2010) District Two Diane Neil (extend 1 year to align with council term - 2008) Parks and Recreation Commission - Three Year Term - No Changes Plannino Commission - Four Year Term - No Changes Proiect Area Committee - Two Year Term District One Resident Member - Lois Lohrke (expires 2009) District One Resident Member - Virginia Burroughs (expires 2008) District Three Resident Member - John O'Neil (expires 2009) Seal Beach Cable Communications Foundation - Two Year Term - No Changes 1 Ad Hoc General Plan/Local Coastal Plan Citizens Advisorv Committee District One John Regnier District One Dave Evans (alternate) District One Joseph Ribal District One Barbara Barton (alternate) District Two Louis Silberling District Two Tom Pontac District Three Robert Goldberg District Three Bruce Monroe District Four Arnold Wilkins District Four Robert Tumelty District Five Gayle Colden District Five Rallie Rallis Council Charles Antos EOCB Mario Voce EOCB (Vacant) Page - 11 City Council 12-1 0-07 AYES: NOES: Antos, Larson, Levitt, Shanks, Ybaben None Motion carried Mayor Larson recessed the Council meeting at 8:25 p.m. to the Redevelopment Agency Meeting and reconvened the Council meeting at 8:28 p.m. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the City Council meeting at 8:29 p.m. to Monday, January 14, 2008 at 6:30 p.m. to meet in closed session, if deemed necessary. 1 4J~h L~ i Clerk City of Seal Beach . Approved: ~ ~ _~ CJ Mayor Attest: 4- M- .n ~ / ~Ci CI~' 1 Seal Beach, California December 24, 2007 The regularly scheduled meeting of the City Council for this date was canceled by action of City Council on December 11, 2006. Ci Clerk and ex-officio clerk Of the City of Seal Beach 1