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HomeMy WebLinkAboutCC Min 1991-09-09 9-9-91 Seal Beach, California september 9, 1991 The City Council of the city of Seal Beach met in regular adjourned session at 6:01 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLLCALL Present: I Mayor Laszlo Councilmembers Doane, Forsythe, Hastings, Wilson Absent: None Also present: Mr. Bankston, City Manager Mr. Barrow, Assistant city Attorney Mrs. Yeo, City Clerk CLOSED SESSION The Assistant City Attorney announced that the Council would meet in Closed Session pursuant to Government Code Section 54956.9(a) and (b) to discuss pending litigation with regard to Mola Development versus City of Seal Beach, the Francheschi case, and potential significant exposure with regard to certain aspects of the subpena served on Councilmember Hastings in the Dawson versus Dawson (Sonju) matter, and with regard to certain requests for information. It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:04 p.m. The Council reconvened at 6:59 p.m. with Mayor Laszlo calling the I meeting to order. The Assistant city Attorney reported the Council had discussed the items previously announced, no action was taken, except for a statement to be made by the Mayor. Mayor Laszlo stated upon reevaluating city policy with regard to the release of information, the City Attorney was directed to release certain information requested by residents of the City. ADJOURNMENT Hastings moved, second by Forsythe, to adjourn the meeting at 7:01 p.m. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried Attest: lerk and ex-o of Seal Beach Approved: I 9-9-91 Seal Beach, California September 9, 1991 I The City Council of the City of Seal Beach met in regular session at 7:02 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Laszlo Councilmembers Doane, Forsythe, Hastings, Wilson Absent: None Also present: Mr. Bankston, city Manager Mr. Barrow, Assistant city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Hastings moved, second by Forsythe, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried ORAL COMMUNICATIONS There were no Oral Communications. PRESENTATIONS RESOLUTION NUMBER 4081 - SEAL BEACH HISTORICAL AND CULTURAL SOCIETY - TWENTY YEARS SERVICE Resolution Number 4081 was presented to Council and read in full by Mayor Laszlo entitled "A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF SEAL BEACH, RECOGNIZING THE SEAL BEACH HISTORICAL AND CULTURAL SOCIETY FOR 20 YEARS OF SERVICE TO THIS COMMUNITY." Wilson moved, second by Hastings, to adopt Resolution Number 4081 as presented. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried I- RESOLUTION NUMBER 4082 - HONORING BARBARA ROUNTREE Resolution Number 4082 was presented to council and read in full by Mayor Laszlo entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH HONORING AND RECOGNIZING BARBARA ROUNTREE FOR HER CONTRIBUTIONS TO THE CITY OF SEAL BEACH." Hastings moved, second by Forsythe, to adopt Resolution Number 4082 as presented. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried Mayor Laszlo presented the Resolutions to Ms. Barbara Rountree and members of the ,Seal Beach Historical Society with appreciation, and noted that Ms. Rountree would soon be relocating-from Seal Beach. Ms. Rountree expressed appreciation on behalf of all, and extended an invitation to attend the Art Show and the Red Car Museum on the following Saturday. 9-9-91 AGENDA AMENDED Hastings moved, second by Wilson, to consider Item "W", the request of the Seal Beach Business Association, after the proclamations. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried I PROCLAMATIONS Mayor Laszlo proclaimed the month of October, 1991 as "Independent Living Month." The Mayor proclaimed the week of September 23rd through September 27th, 1991 as "California Rideshare Week" and September 24th, 1991 as "Keep California Moving Day." ITEM "w" - REOUEST - SEAL BEACH BUSINESS ASSOCIATION - FUND RAISING EVENT At the request of the Council, the City Manager read the written communication from the President of the Seal Beach Business Association requesting that the August 26th action of the Council to approve the Association's fund raising activity, in conjunction with the Sandcastle event, without the sale of beer be reconsidered. As a point of information, the City Manager explained that the Code presently provides for the issuance of special event permits and the sale and consumption of alcohol on public property with the permission of the City Manager, however not having knowledge of past policies and practices, it was his decision to bring such requests to the Council for decision. There was brief discussion as to the appropriate procedure to consider the request, and it was clarified that the motion of the last meeting allowed the fund-raising event with the food booths however excluded the sale of alcohol. It was noted that since the communication was listed on the agenda nothing would prohibit a range of motions by the CounciL I Mr. Williamson, Business Association President, stated when this matter was first considered it was his understanding that other organizations have been allowed the sale of beer with their activities in the past, that only negative comments were presented, thus the request that this matter be considered again. He said it is felt the sale of beer is vital to produce the income that will in turn come back to the City, explained that the event will be totally enclosed, guards will be provided, that tickets will be sold, no person will be allowed to exit the gate with a beverage nor allowed more than two beers. He pointed out that the event will be located away from the beach location of the Sandcastle activity, is similar to the successful events held by the Lions Club and Volunteer Firefighters that occurred without incident, that the sale of beer has not been advertised, and that he did not see how the few events that request the sale of beer throughout the year would create an unjust atmosphere or unstable environment. 1- Mr. Scott Newton, Carmel Avenue resident and Lions Club President, made reference to the success of the Lions Club" Fish Fry for over forty years without problems, beer sales being an important part of the fund raising effort, the proceeds of which come back to the community in the form of numerous improvements and charitable efforts. He said over the years it has been found that to coincide the local activity with a larger event is advantageous where visitors to the city may participate in the local activity and the monies spent revert to benefit the community. Mr. Newton 9-9-91 . strongly urged that the sale of beer be allowed and this request be approved. Mr. John Nakagawa, 12th street, stated he felt people tend to drink more when outside, that there are significantly more problems when beer is present than when it is not, questioned the appearance to children that alcohol is acceptable, potential for liability, and suggested that such consumption be done at home or in an establishment rather than at community events. Mr. Roger West, 1201 Electric Avenue, expressed objection to selling alcohol on the beach, pier, parks, or other public places that are meant for families. He stated alcohol has been cited as the second most dangerous drug, should be kept away from children, and suggested that something should be done to improve family morality. Mr. Jim Klisanin, 122 - 7th street, mentioned his eight year association with the Lions Club, and the efforts of that organization to contribute to various community efforts. With regard to the discussion relative to beer he acknowledged that there is some negativism that stems from an individual's ability to handle or not handle drinking, yet noted the positive aspects have not been mentioned, and cited several local organization functions that included the sale of beer that has raised approximately $49,000 over a period of several months to benefit local projects and activities. He pointed out that if beer were not allowed to be sold at the Lions Club Fish Fry as an example, their intake would be cut in half which would result in that organization looking closer at what activity the proceeds would go towards, also that during his participation in the Lions there have been no problems associated with the sale of beer on-site or reports of problems after the event, the same holding true with other such events. Of his association with the Lions and other events Mr. Klisanin said he has personally given of his time, effort, and financial support, stated the request of the Business Association will take place in a controlled area, and requested that there be further consideration of the sale of beer. Ms. Emily Frazier, 13th street, made reference to her involvement with a number of activities that have benefitted the rebuilding of the pier, the tot lot, Eisenhower Park, Animal Care Facility as examples through various fund raising means, including the sale of beer, and in this instance the benefit will be Main street lighting and benches. She supported the sale of beer, and asked that the efforts of the many people who do fund raising not be ignored. Ms. Gail Olsen, 707 Central Avenue, spoke against allowing beer at fund raising activities, referred to problems that she associated with such events, and cited the effect on the quality of life in Seal Beach. Mr. Kelly Barrinton, 3rd street, spoke in support of allowing beer at fund raising activities, noted that the beer will be sold with food, that many persons in the audience were volunteers that support the various organizations and their projects to benefit the community, and that it has been his observation that there are more problems associated with other uncontrolled behavior than with beer sales at community events. Mr. John Baker, Southshore Drive, Mr. Bob Rice, General Manager, Hennesseys, Ms. Judy Johnson, Manager, Radisson Inn, Mr. Lee Hanson, Old Town, Ms. Mary Newton, Carmel Avenue, Ms. Daisy Funk, 10th. Street, Mr. George Heisick, Crestview Avenue, Ms. Nancy Grgas, President, Coordinating Council, Ms. Maggie Manzelle, Old Town, Ms. Joyce Risner, Driftwood Avenue, and Mr. Victor Grgas, 15th street, each expressed their support for the sale of beer at fund raising events as had previous speakers. Mr. Bill Ayres, Central Avenue, Mr. Laird Mueller, 8th Street, Ms. Helen Potepan, Sunningdale Drive, Mr. Bruce Stark, Seal Beach, Ms. Norma Strohmeier, Seal I, I I 9-9-91 Beach, Ms. Mitzi Morton, 13th street, Mr. Mario Voce, Catalina Avenue, Ms. Lois Briggs, Seabreeze Drive, Ms. Carla Watson, Catalina Avenue, Ms,. Beverly Casares, Seal Beach, Ms. Jane McCloud, Balboa Drive, and Ms. Sue Corbin, Seal Beach, voiced their opposition to the sale of beer as had previous speakers. Some persons offered neutral comments, indicating preference that alcohol be consumed in a I structure rather than in the open, serving of beverages that can be consumed by all members of a family, and possibly allowing beer to be served at the smaller local activities rather than large events that attract a greater number of persons to the community. Those persons speaking in favor cited the benefits and improvements that have and can be realized in the community through fund raising by the service organizations, including the sale of beer, that the community should work together and move forward with their efforts rather than backwards, that the resulting improvements benefit the entire community and not just one area, that the organizations provide insurance with the City named as additional insured, that complaints have been exaggerated, and a suggestion for additional beach restrooms could be a future funding raising goal. Persons speaking in opposition cited the quality and standard of life, impact on downtown residents, possible liability exposure, lack of police to oversee, consideration of alternative events such as carnivals, rummage sales, etc., conflicting messages to youth, that alcohol beverage consumption should be confined to establishments that serve same or private property and not on public property, that there should be an accounting of fund raising monies, that non-alcoholic beer and wine be considered, that residents rather than the charities need to I be protected, and that benches could be donated by individuals or by the merchants themselves. It was the order of the Chair, with consent of the Council, to declare a recess at 9:03 p.m. The Council reconvened at 9:16 p.m. with Mayor Laszlo calling the meeting to order. In response to questions posed by the Council, Mr. williamson confirmed that the event will be contained within a fenced area, that identifications will be checked, that no beverage will be allowed to leave the area, that services will be refused to anyone appearing to be intoxicated, that security will be provided pursuant to ABC regulations as well as Police Department requirements, that there has been no indication by any member of the Business Association that they oppose the sale of beer, and stated his belief that non-alcoholic products would not sell. Mr. Williamson clarified that the seven to eight security personnel must wear a specific uniform, are members of the Association, there will be a staff of twenty persons, alcoholic beverages must be served in a cup different from other beverages, that there will be twenty tables with chairs and should those be full, a limit can be placed on the number of persons entering the beer garden, and noted that soft drinks will also be available. He explained further that the persons I serving or working the event will not be allowed to drink beer, that the garden will not accommodate more than one hundred fifty to two hundred people, that persons choosing to enter the area will be provided two beer tickets, will be stamped, and that no one will be allowed to jeopardize the success of this or future events. Mr. Williamson indicated the hours that their activity will be in progress is 11:00 a.m. or Noon until 4:00 p.m., which is acceptable, that portable restrooms will be available, stated his understanding that beer as been served by other service organizations in conjunction with the Sandcastle event in 9-9-91 I the past, and that police and fire department reports indicate there have been no problems. with regard to additional cost to the City, the city Manager stated it is not unusual to require a deposit to cover expenses related to clean-up if not properly done by the organization, that additional police are a standard policy with any event and is not necessarily an additional cost. Mr. Williamson confirmed that a $1 million insurance policy will be provided. Councilmember Hastings moved to receive and file the communication from Mr. Williamson, President of the Seal Beach Business Association. Mayor Laszlo seconded the motion. Discussion continued with members of the Council expressing their views regarding the sale of alcoholic beverages. I Councilmember Wilson moved a substitute motion to approve the request of the Business Association to allow the sale of beer at the Association's fund raising activity in conjunction with the Sandcastle event. Councilmember Forsythe seconded the motion provided restrictions are applied. In response to Council, the Assistant City Attorney confirmed that there is potential for the city to be sued, that the liability of the city by allowing such events on public property would largely depend on the sufficiency of insurance and a proper indemnification clause, which would provide protection to the City. Councilman Doane said he believed what is at issue is setting a precedent, and he would request that staff be instructed to prepare an ordinance for consideration that will prevent requests such as that of the Business Association from becoming an issue each time an organization wishes to conduct such event. Discussion continued. I Councilmember Forsythe asked that conditions be imposed to require: 1) an adequate indemnity clause and insurance policy, based upon the determination and recommendation of, the city's risk manager, something more than $1 million per occurrence suggested by the Assistant City Attorney; 2) that a responsible persons be charged with the duty to check identifications; 3) limitation of two beers per person; 4) an indelible stamp for each entrant that can not be removed; 5) more than adequate security; 6) servers of beer restricted from drinking; 7) no alcoholic beverage to anyone appearing to be even slightly intoxicated; 8) the event to conclude at 4:00 p.m. with a preferable start of Noon rather than 11:00 a.m.; 9) closure of beer sales upon any recognizable problem by the Police Department; 10) an accounting of proceeds; 11) and that other resources and possible locations be looked into. A suggestion for professional security guards was not included. Mayor Laszlo suggested a condition that this be the last event that includes alcohol to use the beach, pier, or public property in the city. The suggestion was not accepted as a condition. Councilmember Forsythe noted that there are a number of cities that no longer allow large events that include alcohol, however continue to allow alcohol sales for the smaller community events. staff confirmed that sales tax is not an issue with fund raising activities. The author of the motion accepted the conditions as stated. Vote on the motion to approve the Business Association request with conditions: AYES: NOES: Doane, Forsythe, Wilson Hastings, Laszlo Motion carried 9-9-91 Mayor Laszlo moved that this be the last event that includes alcohol activities on the beach or city property. Councilman Doane seconded the motion. Mayor Laszlo inquired if such prohibition could be restricted to the downtown area. The Assistant city Attorney suggested that staff be directed to prepare an ordinance to restrict the sale of alcohol for locations that can be determined at the time of I consideration. The city Manager again noted that the existing ordinance allows alcohol subject to approval by the City Manager, however indicated his concern with the absence of conditions or parameters for the review of applications or issuance of such permits, and offered that the Council may wish to direct that no further permits be approved pending consideration of an ordinance to either ban alcohol or condition events that request the sale of alcohol. Mayor Laszlo restated his motion that the City not allow alcohol at any outdoor fund raising events on City property. Councilman Doane seconded the restated motion, subject to the staff being directed to prepare an ordinance for consideration of the Council. Mayor Laszlo agreed. AYES: NOES: ABSTAIN: Doane, Hastings, Laszlo Forsythe Wilson Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 10:31 p.m. The Council reconvened at 10:40 p.m. with Mayor Laszlo calling the meeting to order. The Mayor clarified that the intent of the previous motion was that no alcohol be allowed to be sold at fund raising events on City property and that an ordinance be prepared relating to that issue for consideration. I APPOINTMENTS - BOARDS and COMMISSIONS proiect Area Committee The District Three appointment to the Project Area Committee was held over. Ad Hoc Solid Waste Committee The District Two appointment to fill the vacancy on the Solid Waste Committee was held over. Redistrictina Committee Councilmember Forsythe appointed Ms. Carla Watson, Catalina Avenue, as the District Three alternate representative to the Redistricting Committee. Councilman Doane appointed Ms. Susan Davies, Southport Lane, as the District Five alternate representative to the Redistricting Committee. In response to a concern of Councilmember Hastings regarding the recent 3:00 p.m. meeting of the Redistricting Committee, I Mr. Antos, Committee member, noted that the meeting mentioned had been an organizational meeting and that the Committee determined that the next meeting will be held September 18th at 6:00 p.m. CONSENT CALENDAR - ITEMS "F" throuah "R" Councilmember Wilson requested that the record reflect her abstention frolll voting on Item "K", and Councilman Doane requested that the record reflect his abstention from voting on Items "G" through "L". Hastings moved, second by Forsythe, to approve the recommended action for items on the 9-9-91 Consent Calendar as presented, with the abstaining votes of Councilmembers Wilson and Doane reflected for Items "G, H, I, J, K, and L". F. I Approved regular demands numbered 85169 through 85304 in the amount of $1,284,198.86, and payroll demands numbered 46893 through 47095 in the amount of $230,519.93 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. G. Approved the minutes of the regular meeting of April 8, 1991. H. Approved the minutes of the regular adjourned meeting of April 15, 1991. I. Approved the minutes of the regular adjourned meeting of April 21, 1991. J. Approved the minutes of the regular adjourned meeting of April 22, 1991. K. Approved the minutes of the regular meeting of April 22, 1991. L. Approved the minutes of the regular adjourned meeting of April 28, 1991. Denied the claim for damages of Ms. Nedra Heller and referred same to the City'S liability attorney and adjuster. N. Accepted the resignation of Mr. Ken Yglesias as the District Four representative to the Seal Beach Cable Communications Foundation, and declared the position vacant. I M. O. Approved the renewal of the Parking Permit Program Agreement with the Seal Beach Business Association for the period of October 1, 1991 through September 30, 1992. P. Approved a motion of non-support for the establishment of a Service Authority for Abandoned Vehicle Abatement countywide. Q. Received and filed the report relating to the Notice of Preparation, Bixby Old Ranch Golf Course Development Plan, Distribution to Interested Agencies and Organizations. Adopted Resolution Number 4086 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTERED CITY, ESTABLISHING A COMPENSATION PLAN, INCLUDING SALARY AND BENEFITS, FOR MANAGEMENT, CONFIDENTIAL, AND NON-REPRESENTED EMPLOYEES AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH", a six month extension of current benefits. R. I AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried 9-9-91 PUBLIC HEARING - ESTABLISHING CERTAIN FEES/CHARGES - GOODS and SERVICES Mayor Laszlo declared the public hearing open to consider the adjustment of certain miscellaneous fees. The city Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. I The City Manager presented the staff report relating to the adjustment of certain fees for document duplication and production pursuant to the provisions of State law that allows recovery of costs reasonably borne, noted that the subject fees will not be effective for a period of sixty days, and that adjustment of other fees for services will be forthcoming for consideration. There being no public comments, Mayor Laszlo declared the public hearing closed. RESOLUTION NUMBER 4083 - ESTABLISHING CERTAIN FEES/RATES/ CHARGES Resolution Number 4083 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING FEES, RATES AND CHARGES FOR GOODS AND SERVICES PROVIDED BY THE CITY OF SEAL BEACH AND AMENDING CERTAIN SECTIONS OF RESOLUTION NUMBER 3960." By unanimous consent, full reading of Resolution Number 4083 was waived. Forsythe moved, second by wilson, to adopt Resolution Number 4083 as presented. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried PUBLIC HEARING - AMENDING POSITION CLASSIFICATION PLAN - COMMUNITY SERVICES OFFICER Mayor Laszlo declared the public hearing open to consider an amendment to the Position Classification Plan to include the position of Community Services Officer. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received either for or against this item. The City Manager presented the staff report, noted that the position of court liaison has been a combination of that position and community relations officer, has more recently been filled by temporary personnel, and upon analysis of the position it is recommended that the court liaison title/position be deleted and the job description expanded to include other duties that could be performed under the -- non-sworn position of Community Services Officer, the position to remain under the jurisdiction of the Police Department. He reported a discussion with the City Manager of Los Alamitos with regard to the continued use of the court liaison jointly by the two cities, ,possibly in a more functional manner, and that it is preferred that reimbursement for those services be established on a case or hourly basis, or some specific formula. Mayor Laszlo declared the public hearing closed. RESOLUTION NUMBER 4084 - AMENDING POSITION CLASSIFICATION PLAN - COMMUNITY SERVICES OFFICER Resolution Number 4084 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITION OF COMMUNITY SERVICES OFFICER." By unanimous consent, full reading of Resolution Number 4084 was waived. Wilson moved, second by Forsythe, to adopt Resolution Number 4084 as presented. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried I I " . .. ....~., H.I' ,,- 9-9-91 I RESOLUTION NUMBER 4085 - SALARY RANGE - COMMUNITY SERVICES OFFICER Resolution Number 4085 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CREATING A SALARY RANGE FOR THE POSITION OF COMMUNITY SERVICES OFFICER." By unanimous consent, full reading of Resolution Number 4085 was waived. In response to Council, the City Manager explained that the Resolution proposes a customary five step salary range, that employees are typically hired at "A" or "B" step, thereafter receive merit increases based upon an annual evaluation, that the salary range did not include credit for military service, and that there is no city policy for credit for previous service. wilson moved, second by Hastings, to adopt Resolution Number 4085 as presented. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried It was the consensus of the Council to consider Item "V", requests from the Planning Commission regarding Zoning Text Amendments, after Item "X", a request from Universal Studios. I REOUEST - UNIVERSAL STUDIOS The City Manager reported the staff has met with representatives of Universal studios in response to their request to film in Seal Beach, and that fees have been charged for the use of the public facilities, the use of the parking lot at full public rate, the total cost to cover the City's requirement for three Off-duty police officers, etc., also noted that Universal has been commissioned for a thirteen week series. He stated their request included painting the Main Street side of Lifeguard Headquarters in the manner set forth by the artist rendition, that it remain throughout the shooting period, and at such time as the series is complete they would repaint the Headquarters entirely to the satisfaction of the City, and a deposit would be provided to ensure same. He pointed out that they had initially attempted to paint the background on canvass or cardboard, however that was not successful. Councilmember Forsythe suggested that vinyl, using oil base paint, be tried. with regard to fees forthcoming to the City, the City Manager said approximately $8600 was received for the first three days they were in the community and from that amount the compensation of the police officers will be paid. Doane moved, second by Wilson, that should the suggested use of vinyl not be successful, the painting of Lifeguard Headquarters be approved with a requirement that the Headquarters be repainted within three days of the final shoot. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried I PLANNING COMMISSION REOUESTS - ZONING TEXT AMENDMENTS The Director of Development Service presented the staff report outlining the Planning Commission request that authorization be given for staff to investigate and schedule public hearings with regard to clarifying incidental motorist's services and products, which he said would likely take the form of a policy statement of the City so as to avoid any conflict with State regulations relating to service stations, the second request being to consider allowing low level wooden decks within front yard setbacks and establish a minimum percentage of front yard landscaping to be provided, raised decks having been a request from several persons. 9-9-91 Mayor Laszlo said he felt other matters are a higher priority for Planning commission consideration such as the initiation, adoption or amendment of a Specific Plan by the Development Services Department, Planning Commission, City Council, or Community Redevelopment Agency, and suggested that provision be amended to require the consent of the City Council. It was the consensus of the Council that the staff be directed to look at amending the existing language relative to Specific Plans as requested, and that it be a priority consideration over the requests of the Commission. I wilson moved, second by Doane, to refer the motorist's services and products and the front yard decks to the Planning Commission and staff as requested. AYES: NOES: Doane, Forsythe, Hastings, Laszlo, Wilson None Motion carried STATUS OF ORGANIZATIONS Mr. Charles Antos, 328 - 17th Street, read definitions from a State publication describing three types of charitable organizations, religious non-profit, a public benefit corporation, and non-profit mutual benefit corporation. ~. Antos said over the years it has been observed that groups are organized for various issues, they are recognized with no questions asked, whether or not non-profit status has been obtained, there is no question of political action committees or organizations that request funds, claimed that one must join an organization prior to obtaining a copy of articles of incorporation or by-laws, or it is likely those documents do not exist, members of groups are often not informed of meetings where officers are to be selected, and most organizations fail to report fund raising activities or collection of taxes as required by law. Mr. Antos stated that twenty-four organizations were selected from a list available from the city, the existence of their articles of incorporation and by-laws were questioned through the Secretary of State, sixteen were determined to have none, yet those groups have been recognized by the city, provided funds, contracts, allowed to use city facilities, commended by the city, the City has co-sponsored their events, has membership in some groups, and has passed legislation to their benefit. Of the remaining eight groups he said over half are violating their own articles and by-laws by participating in political activities without forming a separate political action committee. He questioned under what State laws can the City provide money to an organization that does not exist, does not account for how money is spent, to which the city provides in-kind service of staff time, equipment, etc., blocks off public streets for use by an organization while legally parked vehicles are towed, maintains dues paying memberships, determines on its own the non-profit status of an organization when the State has no record of the group, and how the City can preempt the requirement that political .action committees register as such. He asked if the city Council, City Clerk, city Attorney, or City staff has looked into this matter as to what the local responsibilities may be or the penalties for non-compliance, and suggested that the status of each group on the referenced list be investigated, that their articles of incorporation, charter and by-laws are needed to specifically provide the city with information as to who it is doing business with, to whom money, services and facilities are being donated, organizations to which the City is a member, and legislation is passed to their benefit. He suggested that the office of Assemblyman Mays may provide some helpful directions for obtaining information, also that a representative of the City approach I I 9-9-91/9-23-91 I the organizations for proof of their status and purpose. In response to a question of Council and aside from legal issues, the city Manager indicated that from an administrative standpoint it would be prudent for the city to make cash contributions to organizations through an agreement, and through such there would be the requirement for by-laws. It was suggested that the list be provided to the City Manager, and that those organizations be looked at where memberships are paid or contributions made. I ORAL COMMUNICATIONS Mayor Laszlo declared Oral Communications open. Ms. Beverly Casares, Seal Beach, stated at 10:30 the previous evening she had placed a telephone call, and not knowing that the owner did not understand how to use the telephone recorder, left a message requesting that the person listen to a tape of her previous position in support of no alcohol. Ms. .Casares said she was informed this date that the police had been called as a result of an obscene telephone call at Councilmember Forsythe's house, stated the words on the recorder had been those of the Councilmember, and it was not a threat or felt to be obscene. As the recipient of the telephone call, Councilmember Forsythe responded that there was no verbal message from Ms. Casares on her recorder, that the tape has now been removed as recommended by the Police Department, and that the only message at 10:45 p.m. throughout her home the previous night was an excerpt from a prior Planning commission meeting. Councilmember Forsythe stated the caller had no right to invade the privacy of her home and family at that hour of night. Councilmember Hastings wished her Jewish friends Happy New Year. There being no further comments, Mayor Laszlo declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until September 23rd at 6:00 p.m. for a Closed Session. The meeting was adjourne consent at 11:34 p.m. Approved: ~t.2.L~:fL~ Mayor c~ty Cle Attest: I Seal Beach, California September 23, 1991 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Laszlo calling the meeting to order with the Salute to the Flag.