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HomeMy WebLinkAboutCC Min 2005-10-24 Seal Beach, California October 24, 2005 The adjourned closed session meeting scheduled for 6:30 p.m. this date was canceled due to a lack of business items in need of discussion. I Cit Clerk and ex-officio clerk Of the City of Seal Beach Seal Beach, California October 24, 2005 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Antos calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Antos Council Members Larson, Levitt, Ybaben, Yost I Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Director of Public Works Chief Kirkpatrick, Police Department Mr. Crumby, Deputy City Engineer Mr. Miura, Interim Director of Administrative Services Ms. Roberts, Deputy City Clerk Mrs. Devine, City Clerk APPROVAL OF AGENDA Mayor Antos announced that item "0" was removed from the consent calendar by the request of the City Attorney and will be rescheduled for November 14th meeting. Yost moved, second by Ybaben, to approve the order of the agenda as amended. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PRESENTATIONS I PROCLAMATIONS I PROCLAMATION I HONORING DR. ROBERT MAXSON Mayor Antos read the proclamation honoring Dr. Robert Maxson, retiring president for California State University, Long Beach, was not present to receive the proclamation. DEPUTY CITY ENGINEER The Director of Public Works/City Engineer introduced Mr. Sean Crumby, the new Deputy City Engineer, a California registered professional engineer with ten years experience. 10-24-05 PUBLIC WORKS PROJECTS / UPDATES The Deputy City Engineer gave the City Council an update on the current projects throughout the City: Completion of the Marina Bridge, local street paving, annual street sealing, storm drain improvements, Seal Beach Boulevard median landscape, annual sand berm and back pass program, sewer pump station rehabilitations, sand retention/groin repair, navy water reservoir and booster station improvements, and planning stage for the 405 bridge approach widening. ORAL COMMUNICATION I Mayor Antos declared Oral Communications open. Mr. Jim Derry, Founder's Day Committee, requested to have time at the next council meeting to give a complete report - with no objection from council the committee will have the opportunity to be placed on the November 14th agenda. Mr. John Kittlaus, Seal Beach, stated his continued concern over the dangerous condition of the surface of the pier - Mayor Antos requested staff to provide council with a report on the condition of the pier for a future meeting. Mr. Vic Grgas, Seal Beach, expressed his thanks to the City Engineer for the repairs along Seal Beach Boulevard and also stated that he is in support of placing the Transient Occupancy Tax on the ballot and is in favor of the increase. Ms. Seretta Fielding, Seal Beach, agreed with the previous speaker in supporting the TOT and encouraged the City to educate the residents as to what this tax increase actually means, a tax on hotel stay not on residents or the homeless. Dr. Robert Goldberg, Seal Beach, said that he is concerned that so many of the top management employees are leaving and suggested that there be an investigation as to why they left. Mr. Bill Ayres, Seal Beach, commented that he did not agree with the speaker regarding the condition of the pier but said that the pier did need some repairs. Ms. Joyce Parque, Seal Beach, said that public works director is doing a good job, tax payers can not pay for everything and that there needs to some cuts made in each city department, believes the sewer rate increase is a violation of Prop 218, I and that Sunset Aquatic Park should pay for itself. Mr. Roger Northrup, 13th Street, expressed his appreciation for the street repairs but stated that the construction company is not considerate of the residents and leaves debris in their yards. Mr. Tyler Slater, Crestview Avenue, requested that the City consider having a pedestrian entrance to Gum Grove Park from the neighborhood. Ms. Sue Corbin, Seal Beach, made comments regarding the attorney's fees, city streets are only cosmetic, City Manager salary, Council is liable for their actions, and the children of Seal Beach are the ones being hurt. Mr. James Long-Lerno, Seal Beach, asked Council what can be done about the poor water quality of the ocean - Councilman Yost invited him to discuss this issue with him. There being no other speakers, Mayor Antos declared Oral Communications closed. CITY ATTORNEY REPORT No report. CITY MANAGER REPORT No report. COUNCIL COMMENTS Councilman Levitt expressed his appreciation in the way Mr. Kittlaus has brought the pier surface condition to the attention of the City Council. Councilman Ybaben clarified that there was no commitment by the Council to give the City I Manager another raise this year. Councilman Yost thanked the Founder's Day committee and staff for a great event and mentioned that there were updates given on Regency center, traffic, and storm drain projects at the town hall meeting. Councilman Larson reminded everyone that they need to check the batteries in their smoke detectors when they change their clocks for daylight savings and that 83% of civilian fire deaths are related to house fires. CONSENT CALENDAR - ITEMS "0" thru "N" Yost moved, second by Larson, to approve the recommended action for items on the Consent Calendar except for item "0" removed from the agenda. ..."..:...",-~<, ;<-.,,'" I I I , ';'lj~.'.il:-,..;. 10-24-05 D. Approved the waiver of reading in full of all resolutions and ordinances and that consent to the waiver of reading shall be deemed to be given by all Council Members after the reading of the title unless specific request is made at that time for the reading of such resolutions and ordinances. E. Approved minutes for City Council workshop on Emergency Operations Plan, City Council adjourned and regular meetings held on September 26,2005. F. Approved regular demands numbered 54111 through 54577 in the amount of $2,360,000.99; payroll demands numbered 54188 through 54249, in the amount of $55,737.15 and number 54426 through 54489, 54532, ,54533 in the amount of $54,891.05, and authorized warrants to be drawn on the Treasury for same. G. Received and filed Monthly Investment Report for September, 2005. H. Adopted Resolution Number 5378 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITION OF ACCOUNTANT AND ESTABLISHING A SALARY RANGE FOR SAID POSITION AND UPGRADING THE SALARY RANGE FOR THE POSITION OF DIRECTOR OF ADMINISTRATIVE SERVICES." By unanimous consent, full reading of Resolution Number 5378 was waived. Adopted Resolution Number 5379 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 06- 06 TO ALLOCATE FUNDS FOR THE POSITIONS OF DIRECTOR OF ADMINISTRATIVE SERVICES, ACCOUNTANT, AND ACCOUNT CLERK." By unanimous consent, full reading of Resolution Number 5379 was waived. 1. Adopted Resolution Number 5380 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, and AND RESCINDING RESOLUTION NUMBER 5354." By unanimous consent, full reading of Resolution Number 5380 was waived. J. Approved the City of Seal Beach response letter to the Rossmoor Community Service District inquiring about the cost for services from the City of Seal Beach Police Department to provide services to the Rossmoor area. K. Adopted Resolution Number 5381 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GRANTS FROM THE CITY OF ANAHEIM UNDER THE URBAN AREAS SECURITY INITIATIVE." By unanimous consent, full reading of Resolution Number 5381 was waived. Received a grant of $95,000.00 from the North Orange County Urban Area Security Initiative (UASI). Awarding the contract to the lowest bidder, Lakeland Fence Corporation in the amount of $85,011.79. 10-24-05 Companv: Bid Amount: 1. Lakeland Fencing Corporation $85,011.79 2. A-1 Fence Company $85,931.00 3. Guardian Fence Inc. $95,114.00 4. Secure Technologies* $59,172.00 *Incomplete Bid. Price does not include openers, detector loops, gates, markups, or sales tax. L. Adopted Resolution Number 5382 entitled "A RESOLUTION OF I . THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT NO. 50176 ANNUAL STREET SEAL PROGRAM ENTERED INTO BETWEEN CITY OF SEAL BEACH AND ALL AMERICAN ASPHALT." By unanimous consent, full reading of Resolution Number 5382 was waived. M. Received and filed the Sewer System Management Plan and authorized the Public Works Department to submit the plan to the California Regional Water Quality Control Board (RWQCB). N. Adopted Resolution Number 5384 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 06- 05 FOR PURCHASE OF VERMONT RECREATION SOFTWARE." By unanimous consent, full reading of Resolution Number 5384 was waived. Adopted Resolution Number 5385 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND VERMONT SYSTEMS INC. FOR PURCHASE OF SOFTWARE AND ANNUAL MAINTENANCE." By unanimous consent, full reading of Resolution Number 5385 was waived. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR O. Cable Franchise transfer - removed by City Attorney - rescheduled for November 14, 2005 Council meeting. With no objection, Mayor Antos declared a recess at 8:00 p.m. and reconvened the meeting at 8:10 p.m. PUBLIC HEARING / RESOLUTION NUMBER 5386/ SEWER RATE INCREASE Mayor Antos declared the public hearing open to consider Resolution Number 5386 - for sewer capital rate adjustment and the sewer rate adjustments for Sunset Aquatic Park. The City Clerk reported that the notice of the public hearing was noticed as required and the Director of Public Works included the communications received in the staff report. The Director of Public Works/City Engineer gave a presentation outlining the sewer rate adjustments that was in the Sewer System Master Plan Update. In summary, the SSMP identifies: an I aged System needing rehabilitation and improvement; insufficient revenue generated from charges charged to users to pay for the cost of an adequate System; and approximately $15 million in capital improvements over the next 10 years needed to maintain an adequate System. The existing sewer capital fund charge structure simply cannot generate sufficient revenue to implement the capital improvements recommended by the SSMP. Accordingly, the City Council adopted the SSMP recommendation at their August 8, 2005 meeting, that sewer capital rates be adjusted to provide adequate service and directed staff to proceed with the sewer capital rate adjustment and the sewer rate adjustments for Sunset Aquatic Park. To overcome the revenue shortfall, the revised Sewer .;,.;.,.;,.",:, '""",.>,..,~.4 10-24-05 I Master Plan recommends a $15 Million capital plan for sewer facility improvement to sustain the operation of the sewer system, comply with waste discharge requirements, prevent sewage spills, and improve the aging infrastructure including improvements to sewer capacity and pumping stations by increasing the sewer capital fund charge. Chapter 9 of the SSMP update explains the current fiscal analysis of the Sewer Enterprise Fund. Review of the revenues and expenditures of the Maintenance and Operations (M/O) Fund and the Capital Improvement Fund shows that the existing rate structure cannot generate sufficient revenue to implement the recommended capital improvements. Sewer facilities last for several generations and consideration should be given as to how the needed facilities are to be funded. To overcome the revenue shortfall, two different financing alternatives were formulated and evaluated. The first is a pay-as-you-go-alternative, whereas the second proposes the issuance of additional bonded indebtedness to construct the needed capital improvements. Both alternatives implement the recommended capital improvement program. However, the second alternative, which uses bond financing, is recommended because bond financing is cost effective when compared to construction inflation costs. Rate increases are also more gradually spread over a longer time period. Under this alternative, it is proposed that the rate be raised 20% over the next three years, 15% over the next following three years, and 12%, 10%, and 5 % in the following next three years respectively. The typical residential monthly rate annually increases approximately $1 to $2 dollars per month for the next five years. On August 8, 2005, City Council recommended pursuing the bond financing alternative and Staff has prepared the rate structure as such. A site-specific rate study was conducted at Sunset Aquatic Park and it was determined that the Seal Beach ratepayers are subsidizing the sewer service at the park at an annual cost of $69,900. The existing rate structure cannot generate. sufficient revenue to maintain and implement the existing or recommended capital and maintenance program. It is recommended that the City raise the ,services rates for this specific area using equity charges as described below and recover this cost from the park operator. Increases to water and sewer charges are exempt from the election requirements of Proposition 218. Art XIIID, sec 6 @ of the California provides, "Except for fees or charges for sewer, water, and refuse collection services, no property related fee or charge shall be imposed or increased unless and until that fee or charge is submitted and approved by [an election]." The City has fully complied with Proposition 218 by mailing notice and holding a public hearing. Indeed, the City has provided more notice of this hearing than that which is required by law. I I Mayor Antos invited members of the audience wishing to speak to this item to come to the microphone and identify themselves. Ms. Sue Corbin, said that the Sunset Aquatic Park has never paid anything therefore there can not be an adjustment, the consultant told her that the City is in violation of the Howard Jarvis Act, people do not want to sue their own government and this mess is not the fault of the current council the infrastructure is deteriorating and the whole city needs to pay for this problem, and believes the children of the city are suffering because Sunset Aquatic Park does not pay their share. Mr. Rich Adler, County of Orange, Resources and Development Management Department/Harbors, Beaches, and Parks, submitted a letter to Council requesting a continuance due to the fact they did not receive the information needed to analyze the impact of the increase, the critical document "Sunset Sewer Study" was not available to him, commented that he concluded that the increase was not applied fairly across the board and that the property is leased to Goldrich and Kest, Inc (G&K) who is responsible for paying the cost of utilities service. Mr. Sherman Gardner, G&K, also requested a continuance so that they have more time to respond to the notice, believes the proposed increase of $70,000 charge do not reflect the burden that Sunset places on the system and asked that the city re-examine the increase, stated that the increase will be passed on to their boaters, and after reviewing the last five years of operation of Sunset, as well as other facilities they operate, this is the only city that the sewer charges fluctuate and they also pay a capital fund to only this city, and this marina facility is suppose to be a public benefit according to the Coastal 10-24-05 Commission. The Director responded to a question: residential rate is $5.83, commercial rate $6.36. Ms. Joyce Parque, Seal Beach, asked for clarification that College Park West residents are not part of this increase, the citizens of Seal Beach had to pay a $1,000,000 for the new sewer line and would like either the County or Huntington Beach to take over the responsibilities of the aquatic park, and does not believe that they do not pay the city utility tax. Mr. Roger Northrup, Seal Beach, wanted clarification regarding what the rates would be in ten years and are there any assurances that the residents would not have another increase, believes the voters should make the decision on this increase. There I being no further speakers, Mayor Antos declared the public hearing closed. Mayor Antos stated that for the record he would be recusing himself on any discussion or voting of the Sunset Aquatic Park due to the fact that he works for the County of Orange. The City Manager clarified that notification was given to the county on December 2004 regarding the EIR and was followed by the final EIR on February 9,2005. Council asked for several clarifications: The maintenance and operation is based on the amount of water usage. The final rate after it levels off would be the same and after about 5 to 10 years there will be a need to re-analyze the unknown situation. The City transports the sewage not treatment - this is the responsibility of the sanitations district - everyone in the city pays for this. The city went beyond the requirements to service the aquatic park. The City Attorney clarified the issue over Prop 218 and that the City is in full compliance and requires no election, if a bond is approved then more information will be brought to council. Councilman Ybaben would prefer the "pay-as-you-go" alternative to the rate increase and not have a commitment of a 30 year bond - need a council policy that current councils would not commit the future councils with the indebtness of huge commitments like a bond - would recommend that council look into using undesignated reserve money for part of the projects - need to manage with what funds the city has - there is flexibility in the priority of projects instead of having I ultimatums - would like more flexibility without bonds - believes voters would prefer high increases over floating a bond. Councilman Larson stated that the City of Huntington Beach did not take the steps to maintain their sewer line and had a bad spill and was heavily penalized by the state, we can avoid this problem - not in favor of using general fund money for the sewer projects. Councilman Yost believes that the pay-as-you-go is a tremendous increase for the residents - agrees that council has the responsibility to do something about the sewer projects problem - sensitive about the 30 year bond but staff has been frugal in- regards to funding the projects. Mayor Antos stated his preference to the graduated increase alternative, this is an enterprise fund and should not use general fund money, and the fines are too great to do nothing. Councilman Levitt would like staff to explain why Seal Beach is responsible for Sunset Aquatic Park and how can this be given back to the county. The City Attorney announced that after the conclusion of the hearing, the staff reports, testimony from the public, council comments will be entered into the record and staff tabulated all written protests timely submitted and the City Attorney informed the Council that there were not enough written protests to constitute a majority protest. Accordingly, the City Council determined that there was not a majority protest to the Charges. Council was in the position to consider Resolution Number 5386 and this would adopt the staff's recommendation with the rate charges and reflect that Mayor Antos has I abstained from any decision regarding Sunset Aquatic Park. Yost moved, second by Levitt, to adopt Resolution Number 5386 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADJUSTING SEWER CAPITAL FUND CHARGES FOR ALL USERS CONNECTED TO THE CITY SEWER SYSTEM." By unanimous consent, full reading of Resolution Number 5386 was waived. Resolution Number 5386 was adopted as amended. ~+~,<):~-";; ~-...-......,;;,,- . :f"'>;'~ 1 0-24-05 AYES: NOES: Antos, Larson, Levitt, Yost Ybaben Motion carried The City Attorney noted that Mayor Antos abstained from voting on the section relating to the Sunset Aquatic Park in the County of Orange, sighting a conflict of interest. This meant this section of the resolution increasing the rates for Sunset Aquatic Park did not receive a 2/3 majority vote. I Yost moved, second by Levitt, that the Sunset Aquatic Park rate increase be considered separate and bring it back to Council on November 14, 2005. AYES: NOES: Larson, Levitt, Ybaben, Yost Antos Motion carried With no objection, Mayor Antos declared a recess at 9:51 p.m. and reconvened the meeting at 10:00 p.m. ATTORNEY HOURS, SERVICES. AND COSTS The City Manager gave a presentation highlighting the legal services report that Council received in their packet. I GENERAL FINDINGS: ~ Legal services can vary significantly between years due to unanticipated events. For example, in 1993 the City expended $583,908 in legal services, and in 2002 the legal costs were only $376,524. ~ Not all the legal services budget of the City is spent on attorney services. Investigation services, expert witnesses and court reporters are just a few examples of non-attorney costs that have been billed to the legal services budget. ~ Richards, Watson and Gershon do not consume the total legal services budget. Rather, the analysis indicates that there are other legal firms that are billed to the account that make up the total costs for legal services. ~ Seal Beach has significant legal expenditures for personnel issues and land use'matters. The data suggests that police personnel costs have been significant over the two years reviewed by staff. Reform of the City's Personnel System would provide immediate relief from these costs. While not all the costs would be eliminated, staff believes that significant costs savings could be achieved by eliminating the Civil Service Board and System. ~ Council has been very active in updating the City's General Plan, Municipal Code and Charter. While this has increased legal services costs, these are one-time projects that in the long run will save the City money. Many of the legal services costs are related to land use matters. ~ Many of the legal services costs that staff reviewed cannot be avoided. Based on a review of the data, the City does not frequently initiate litigation, but rather is often defending the taxpayers of the City. ~ The legal costs of the City are only a small portion of the total General Fund Budget. Legal service range from 1.55% to 2.4% of the total General Fund Budget. Clearly if savings were a primary goal, other areas of the City could be reviewed to achieve greater savings. I RECOMMENDATION: After reviewing the data collected as part of this project, there are reforms that can be implemented to further reduce legal services expenditures. Before making a change to the current provision of legal services, staff believes the following changes should be made before considering any changes to the current legal services. The recommended changes are as follows. ~ General Services: Consider directing staff to analyze the general services provided by Richards, Watson, and Gershon to determine whether more services can be included within the retainer portion of the contract. While the City has received considerable savings since 1993 by creating the retainer, it is possible that more savings can be realized. 10-24-05 ~ Additional Services: Direct the City Manager and City Attorney to review additional services to determine whether Richards, Watson and Gershon can provide a further discount on certain matters. ~ Charter Amendment: Reform the Civil Service System and Civil Service Board. This action would require consent of the City labor associations and a Charter Amendment approved by City voters. At this point, all but the police associations have agreed to the change in the Civil Service System. This reform would save the City significant money over the long term. Of all these suggestions, a Charter Amendment reforming the Civil I Service System would create the greatest reduction in legal expenses. ~ Soecial Counsel Services: Review the services provided by outside counsel in an effort to contain those costs. ~ ZoninQ Code and Local Coastal Plan: Although initially it will be a short- term expenditure, updating the City's zoning code and implementing a Local Coastal Plan will reduce the legal services needed relating to land use issues. Implementing these recommendations will have a beneficial impact on legal services costs. With consensus of the Council staff was directed to bring the implementation of the recommended changes to Council for approval. PRIMARY MUNICIPAL ELECTION 2006 / ORDINANCE NUMBER 1539 I ORDINANCE NUMBER 1540 / RESOLUTION NUMBER 5387 / RESOLUTION NUMBER 5388 The City Manager briefly stated that the ordinances and resolutions presented were routine to call for the March 2006 election and announced that candidate nomination papers will be available from December 5th through 30th in the City Clerk's Office. Larson moved, second by Yost, to adopt Ordinance Number 1539 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY ADDING SECTION 2.05.020 RELATING TO THE CONDUCT OF MAILED BALLOT ELECTIONS." The City Attorney read the title for the record. By unanimous consent, full reading of Ordinance Number 1539 was waived. The Ordinance will take effect upon adoption. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Yost moved, second by Ybaben, to adopt Ordinance Number 1540 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH CALLING AND GIVING NOTICE OF THE HOLDING OF A PRIMARY MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, MARCH 28, 2006, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS AUTHORIZED AND REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF SEAL BEACH." The City Attorney read the title for the record. By unanimous consent, full reading of Ordinance Number 1540 was waived. The Ordinance will take effect upon adoption. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I Yost moved, second by Ybaben, to adopt Resolution Number 5387 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCY 28TH, 2006, AND IF NECESSARY, AT A GENERAL (RUN- OFF) ELECTION ON MAY 9TH, 2006. By unanimous consent, full reading of Resolution Number 5387 was waived. -'o.O';t"'........1:'f<, """.~.~_.... 10-24-05 AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I Yost moved, second by Ybaben, to adopt Resolution Number 5388 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY , MARCH 28TH, 2006, AND IF NECESSARY, AT A GENERAL (RUN-OFF) ELECTION ON MAY 9TH, 2006." By unanimous consent, full reading of Resolution Number 5388 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I PROPOSED CHARTER AMENDMENTS / MARCH 2006 The City Manager indicated that the City Attorney prepared an in-depth report on the proposed Charter amendments for City Council consideration, the proposed amendments fall into three broad categories: 1) Council requested amendments, 2) minor amendments to update the Charter, and 3) staff requested amendments. Proposed changes would be to change to date of the elections to November of even-numbered years and consolidate with the County of Orange, change the City Clerk position from being elected to an appointed position - council would need to determine if this appointment should be by the Councilor City Manager, simplify the process of filling of a council vacancy using the process outlined in State law, and to eliminate the Civil Service System provision in the City Charter - staff has not been able to secure, through the meet and confer process, all the necessary approvals with the various labor associations, this Charter amendment could be dropped as a ballot measure if approvals are not obtained. Yost moved, second by Ybaben, to have the City Clerk position to be an appointed position by City Council. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Yost moved, second by Larson, to approve the proposed Charter amendments and director staff to prepare the necessary resolutions and/or ordinances related to said proposals and return items to Council for formal approval. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I RESOLUTION NUMBER 5389 I TRANSIENT OCCUPANCY TAX (TOT) I BALLOT MEASURER/ MARCH 2006 Yost moved, second by Larson, to adopt Resolution Number 5389 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ORDERING THAT A PROPOSITION RELATED TO THE CITY'S TRANSIENT OCCUPANCY TAX BE SUBMITTED TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON MARCH 28, 2006, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOE RESOLVE AND ORDER AS FOLLOWS:" Proposed Ordinance to be submitted to the voters entitled "AN ORDINANCE OF THE CITY OF SEAL EACH INCREASING THE CITY'S TRANSIENT OCCUPANCY TAX, REVISING THE TRANSIENT OCCUPANCY TAX ORDINANCE AND AMENDING TITLE 4 OF THE SEAL BEACH MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX." By unanimous consent, full reading of Resolution Number 5389 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried 10-24-05 Consensus of the Council was to have staff research if the wording for the ballot measure uses the words "Hotel/Motel Bed Tax" instead of "Transient Occupancy Tax". REDEVELOPMENT AGENCY It was the order of the Chair, with consent of the Council, to declare a recess at 10:30 p.m. to the Redevelopment Agency Meeting. Council reconvened at 10:40 p.m. with Mayor Antos calling the meeting to order. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting to November 14, 2005 to meet in Closed Session if deemed necessary at 6:30 p.m. By unanimous consent, the meeting was adjourned at 10:41 p.m. in the memory of Mr. Walter Huppenbauer, unofficial mayor and resident on Galleon Way. Approved: ~~ .a..ZJ Mayor Attest: d,M~ h~ City Clerk I I .~, ......'-......