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HomeMy WebLinkAboutCC Min 1990-07-09 6-25-90/7-9-90 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 12:04 a.m. I Approved: --e~ .J{. ~~ Attest: Seal Beach, California July 9, 1990 The city Council of the city of Seal Beach met in regular session at 7:08 p.m. with Mayor ProTem Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Laszlo Councilmembers Forsythe, Hastings, Hunt Mayor Wilson I Absent: Hunt moved, second by Forsythe, to excuse the absence of Mayor Wilson from this meeting. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried Also present: Mr. Nelson, City Manager Ms. Lynch, Assistant City Attorney Mr. Whittenberg, Director of Development Services Mr. Archibold, Assistant to the City Manager Mrs. Yeo, city Clerk WAIVER OF FULL READING Forsythe moved, second by Hastings, 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. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I PRESENTATION Mayor ProTem Laszlo presented a Certificate of Appreciation to Mr. Owen Meehling in recognition for his years of dedicated service to the children of the community as a school crossing guard. Mr. Meehling accepted the Certificate with appreciation. 7-9-90 I PUBLIC HEARING - AMENDING POSITION CLASSIFICATION PLAN - JANITOR Mayor ProTem Laszlo declared the public hearing open to consider amending the Position Classification Plan to add the position of Janitor. The City Clerk certified that the 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 and recommendation of the Civil Service Board, and noted this matter was discussed in conjunction with the 1990/91 budget. He pointed out that there have been on- going per.formance problems with contract janitorial services, and it has been found that some of the personnel have had criminal records, which is not acceptable. There being no communications from the audience, Mayor ProTem Laszlo declared the public hearing closed. RESOLUTION NUMBER 3957 - AMENDING POSITION CLASSIFICATION PLAN - JANITOR Resolution Number 3957 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 JANITOR." By unanimous consent, full reading of Resolution Number 3957 was waived. Hastings moved, second by Forsythe, to adopt Resolution Number 3957 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I RESOLUTION NUMBER 3958 - SALARY RANGE - JANITOR Resolution Number 3958 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 JANITOR." By unanimous consent, full reading of Resolution Number 3958 was waived. Hastings moved, second by Hunt, to adopt Resolution Number 3958 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I PUBLIC HEARING - EMPLOYER/EMPLOYEE RELATIONS (ORDINANCE NUMBER 13101 The Assistant city Attorney requested that this and the following item be continued until the next meeting, however stated the public hearing could be opened and then continued. Councilmember Hastings stated she would like this item held over for further review and assurance that they meet the requirements of the City Charter. Mayor ProTem Laszlo declared the public hearing open to consider amendment of Chapter 16A of the Code relating to employee relations. 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 clarified that this matter has been considered by the Civil Service Board, and recommended adoption thereof. Councilmember Hastings suggested that copies should have been made available to those persons in attendance for review and comment. Mayor ProTem Laszlo invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Bruce Stark, Seal Beach, stated he wished to speak to this item, that he did not feel the proposed Ordinance was adequate for either the employees or the city. Mr~ Stark commenced his review " 7-9-90 of the document, recommended that Section 16A-2.a should be more clearly defined as to what is an "appropriate unit" and how that is determined; stated Section 16A-2.1, Exclusively Recognized Employee Organization, gives the impression that the city will choose who is going to be the employee organization that has been acknowledged by the City and what that unit might be; charged that the document contains a conflict of terms with regard to the Employee Relations Officer, Personnel Officer, Appointing Authority, and city Manager, which are one in the same; stated that Section 16A- 6 refers to holding an election which the Employee Relations Officer will arrange with regards to the conduct thereof with the Employee Relations Officer, referred to the provision for employees representing themselves, which he said means that if an employee or group of employees do not want to be represented by an employee organization they may meet and confer on their own, yet there is no provision in the document that states how those groups or individual employees will meet and confer with their employer on the terms and conditions of employment; referred to Section 16A- 8, Policy and Standards for Determination of Appropriate Unit, questioned the words 'to economically serve the public', and stated an appropriate bargaining unit is one of appropriate people in a given class, therefore the words are immaterial; Section 16A-9, second paragraph, questioned the authority of the Employee Relations Officer to determine the composition of the appropriate unit, and pointed out that cities are not governed by the State Employee Relations Board, which should be legislatively corrected, as it would bring uniform rules to employee relations to cities; Section 16A-10, he questioned if the city Council would want to become involved in appeals of unit determinations, and recommended that the Council take advantage of the provision for a third party to arbitrate disputes regarding bargaining units, the right of individual employees to bargain, or right to have any voice in the terms and conditions of employment; read Section 16A-16.c regarding fact-finding and mediation, stated he could not foresee his peers who serve as fact-finders or mediators that would accept being bound by budgetary constraints as described; Section 16A-17 with regard to equal sharing of costs between the city and Employee Organization for mediation or fact-finding, he questioned if that would mean that an employee(s) bargaining for themselves would be required to pay an equal share of such costs; and said the preamble of the document states it is being amended to comply with State law and the city Charter, therefore to Section 16A-18 he said in 1985 the Supreme Court upheld the right of public employees to strike, which is contrary to the interpretation of that Section. To Mayor ProTem Laszlo's request that the comments be submitted in writing, Mr. Stark said if he were to prepare a position paper it would be necessary to charge his customary hourly rates. Ms. Beverly Casares, Seal Beach, referred to a recent news article regarding the personnel documents under consideration, and requested that the contents of that article be read into the record. Councilmember Hastings noted the article was in the Los Angeles Times on Sunday, July 8th. Mayor ProTem Laszlo requested that this item be continued until the next meeting. Discussion continued. The City Manager explained that the City is not under the Public Employees Relations Board or the National Labor Relations Board, however is under the strict regulations of the Meyers-Milias-Brown Act governing cities, that the Employer/Employee Relations Ordinance and the Personnel Policy has been reviewed by legal counsel, presented to and negotiated with the labor organizations, and presented to the Civil Service Board. He expressed appreciation for the comments and noted the City I I I 7-9-90 I Attorney would like to review the document further in view of the issues raised. The city Manager stated there are presently two recognized employee organizations, the Orange County Employees Association and the Police Officers Association, both having been recognized through petition and election, and were not established by management. He noted if there are changes to the documents further negotiations with the employee organizations will be necessary under the Meyers-Milias-Brown Act. He explained that an update of the personnel policies was initiated about three years ago with a concentrated effort to complete the project during the past year, the intent being to bring about more clarity and to bring the rules and regulations up to date with current practices and law. With regard to relationship to the Grand Jury report, he pointed out that there is a provision relating to nepotism within the Personnel Policies, that other items may remotely relate to administration of personnel policies that have been questioned within the Police Department, and with regard to the response to the Grand Jury Report, research is being done and as requested by Council further information has been requested of the Grand Jury and the public Employees Retirement System, and a status report will be forthcoming to the Council. Discussion followed regarding rescheduling the hearing. Hunt moved, second by Forsythe, to continue the public hearing to consider Employer/Employee Relations, Ordinance Number 1310, until the second meeting in september. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I PUBLIC HEARING - PERSONNEL POLICY (RESOLUTION NUMBER 39591 Mayor ProTem Laszlo declared the pUblic hearing open to consider adoption of a revised Personnel policy for the city of Seal Beach. The city Clerk certified that notice of the public hearing had been advertised as required by law, and report no communications received either for or against this item. Councilman Hunt moved to continue the public hearing until the second meeting in september. There was no second to the motion as members of the Council indicated a desire to receive public comments at this time. Councilman Laszlo invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Stark said he wished to clarify that his comment to Section 16A-2.1 was that it gives the impression that the city is choosing for those employees who wish to represent themselves and be placed in an employee organization whether they wanted to or not. He acknowledged the need for personnel rules however said they need to be clarified for the full understanding of all employees. Mr. Stark commenced his comments with Rule II, Section 4, questioned the meaning of personnel division, what and where are administrative policies and procedures, whether the employee has access to them, and has the right to review his employee file, stated the Meyers-Milias-Brown Act regulations are loose, and said there is no type of privacy act to protect the employee from others reviewing his/her file; Rule III, questioned the meaning of last sentence of Section 1 regarding the amendment of the classification plan, stating he felt it requires a meet and confer process; read Rule III, Section 6, and said would find no fault with reclassification, which most often occurs when a position takes on new or different duties; Rule IV, Section 3, questioned the reasoning for disqualifying an 7-9-90 applicant, stated such action could prove dangerous for the City, cited various types of discrimination as examples, and said no one should be disqualified from applying; Rule IV, section 4, Criminal Conduct, stated that section should be reviewed in total, that the courts have shown there must be a nexus between criminal conduct and being barred from a job; Rule V, Examination Procedures, suggested a review of 29CFR and requirements for validation of tests, verify that the test does not have an adverse impact on protected classes, and stated there was no mention of validation or adverse impact; Rule V, section 2, questioned the meaning of open and closed examinations, and eligibility to compete in promotional examinations; Rule V, section 5, Examination Results, questioned why an unsuccessful candidate would not be notified of their test score and rank on the employment list as a successful candidate would, asked if inspection of test results within five days seemed reasonable, and objected to the procedure set forth relating to errors of computation of test scores; Rule VI, Section 2, questioned the six month to two year effective period for employment lists; Rule VI, Section 3, questioned who the Personnel Officer is going to show the removal of an individual from an employment list to; Rule VII, section 4, questioned why an individual who is reemployed should be granted seniority and merit increases; Rule VII, section 5, inquired about restrictions for transfers, and stated the provisions abrogate the promotion system; Rule VII, section 8, asked what pay ramifications apply to provisional appointments, and stated under the federal civil service system a person filling a vacancy on an acting basis is ineligible for the position; stated Rule VII, Section 9, as it applies to the handicapped, appears to be limited to job related injuries, should be expanded to provide for off-duty injuries or illness; Rule VIII, Medical Evaluations, suggested that some provision be made that the employee may submit a list of five board certified specialists in the area in which the employee is to be examined, the City to select one; Rule IX, Performance Evaluations, stated all reference to evaluations and disciplinary action in this Rule is directed to penalize the employee, lacks provision to correct unacceptable behavior, and inquired as to where performance standards are set forth, which must be known to the employees; Rule IX, Section 3, Employee Review Process, noted what the employee is encouraged to do, however questioned the lack of reference to and roll the supervisor; Rule V, Section 3, questioned the time period for the Personnel Officer to provide notification of regular appointment; Rule V, Section 5, suggested provision be made for informing an employee of the reason for extension of a probationary period; Rule XI, Section 4, Pay Rates Upon Advancement, inquired as to where and what the policies and procedures are; Rule XI, Section 5, should provide for notice of Deferred or Accelerated Advancements; RUle XII, Section 2.a.i, Efficiency, questioned why the above average employee and the satisfactory employee receive the same six points, stated that provides no incentive to do a better job; stated Rule XII, Section 2.a.ii, Seniority, first paragraph, last sentence, does not take into account there may be a rif, etc.; Rule XIII, stated listinq of the Reasons for Disciplinary Action may be worthwhile, however people generally know right from wrong; Rule XV, Grievance Procedure, Section 4.b, agreed that there should be a third party reviewer for employee grievances, that the city Manager should not be placed in that position; Rule XVII, Section 2, stated Conflict of Interest speaks for itself; Rule XVII, Section 10, stated City employees should not be involved in City politics; Rule XVII, Section 13, stated there is considerable difference between equal opportunity I I I 7-9-90 I and affirmative action policies, and questioned the whereabouts of the city's affirmative action plan; and Rule XVII, Section 14, stated Employment of Relatives and Married Persons is referred to as nepotism, as recently brought forth by the Grand Jury, and to do so is bad judgment. Mr. Mark Soukup, 310 - 16th street, reported a news article said it appeared the city was going to relax the rules for nepotism, and in his opinion there is no reason for nepotism. Hunt moved, second by Forsythe, to continue this item until the second meeting in September. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I PUBLIC HEARING - COMPREHENSIVE FEE SCHEDULE Mayor ProTem Laszlo declared the public hearing open to consider revision of the Comprehensive Fee Resolution. 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 noted fees were discussed during the budget workshops, that the Council had determined the residential parking permit would remain at $10, that Resolution 3960 proposes an increase of the resident guest parking permit from $12 to $14, that animal control fees are being incorporated into the fee Resolution with some minimal animal care fee adjustments proposed. Mayor ProTem Laszlo invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Jack Smith, 1405 Seal Way, noted that the parking sticker program was initiated for the convenience of those persons residing in the Old Town area, that the fee has been raised several times, and said he could see no reason to raise the resident guest sticker because the cost of the program has not increased. There being no further comments, Mayor ProTem Laszlo declared the public hearing closed. I RESOLUTION NUMBER 3960 - COMPREHENSIVE FEE SCHEDULE Resolution Number 3960 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 REPEALING RESOLUTION NUMBER 3864." By unanimous consent, full reading of Resolution Number 3960 was waived. Councilmember Hastings objected to the residents of the downtown area having to pay to park on residential streets, stated a number of the residents feel this program is a means of enhancing City revenues, and if the revenues from parking citations are taken into consideration the program more than pays for itself. Brief discussion followed. The Assistant City Attorney recommended that the words "...and city Council Resolution 3864 is hereby repealed" be added to section 8 of the Resolution. Hunt moved, second by Forsythe, to adopt Resolution Number 3960 as amended. AYES: NOES: ABSENT: Forsythe, Hunt, Laszlo Hastings Wilson Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:42 p.m. The Council reconvened at 8:50 p.m. with Mayor ProTem Laszlo calling the meeting to order. 7-9-90 RESOLUTION NUMBER 3961 - LEGISLATION - ABANDONMENT OF OIL and GAS WELLS Resolution Number 3961 was presented to council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH URGING THE CALIFORNIA LEGISLATURE TO ADOPT LEGISLATION TO REQUIRE OIL OPERATORS TO PROPERTY ABANDON CERTAIN COMMERCIALLY NON-PRODUCTIVE OIL AND GAS WELLS BY SUPPORTING THE PASSAGE OF SB 2693 (BERGESON)." By unanimous consent, I full reading of Resolution Number 3961 was waived. councilmember Forsythe inquired if the property owner is liable for abandoned wells, using the Hellman property as an example. The Development Services Director stated the operator would assume that responsibility, reported a recent check at the Division of oil and Gas revealed two wells on the Hellman property have not been in production during the past two years, that most of those wells are presently operating and from information received from the Division, wells that have previously been abandoned were done properly, and that the Division would be the enforcement agency pursuant to their criteria as to what constitutes a producing or abandoned well. Hunt moved, second by Hastings, to adopt Resolution Number 3961 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried RESOLUTION NUMBER 3952 - CABLE COMMUNICATIONS POLICY ACT OF 1984 Resolution Number 3952 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, URGING THE CONGRESS OF THE UNITED STATES TO REVISE THE CABLE COMMUNICATIONS POLICY ACT OF 1984 AND EXPRESSING GENERAL CONCERN ABOUT THE NEED FOR GREATER LOCAL GOVERNMENT REGULATORY CONTROL." By unanimous consent, full reading of Resolution Number 3952 was waived. The City Manager noted this item was continued from the last meeting, and under separate cover Council received a communication from the General Manager of Comcast Cable outlining their position regarding this matter. Councilmember Forsythe referred to the potential impacts on municipal governments of telephone companies providing cable television as set forth in the communication from the National Cable Communications Association, loss of cable franchise fees, the number of channels, public, educational, or government access use, funding thereof, local stations, performance reviews, uniform service availability, etc. The city Manager stated the franchise fees remain a debatable issue, the telephone companies say they support franchise fees, however cable companies believe they do not, and offered to obtain additional information on the other concerns from the congressional staff. Members of the Council concurred with the concerns of Councilmember Forsythe, also suggested that there be input from the Cable Communications Foundation. Hunt moved, second by Hastings, to continue this item until the first meeting in August. It was suggested this be the first item of consideration at that meeting. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried RESOLUTION NUMBER 3962 - PERSONNEL RECORDS - DESTRUCTION Resolution Number 3962 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING DESTRUCTION OF CERTAIN PERSONNEL RECORDS." By unanimous consent, full reading of Resolution Number 3962 was waived. Staff explained the documents that I I 7-9-90 are subject of the Resolution are for various 1985 recruitments. Hunt moved, second by Hastings, to adopt Resolution Number 3962 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I I RESOLUTION NUMBER 3963 - ESTABLISHING SALARY RATES/WAGE SCHEDULE/BENEFITS - POLICE DEPARTMENT Resolution Number 3963 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS FOR THE POLICE DEPARTMENT AND REPEALING ON THE EFFECTIVE DATES SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3963 wa waived. The City Manager presented the staff report covering Resolutions Numbered 3963 and 3964, the Memorandums of Understanding with the Police Officers Association and the Orange county Employees Association, Resolution Number 3965 for Management, Confidential, and Non-Represented employees, and Resolution 3966 for part-time, hourly, and seasonal employees. He outlined the compensation package for the Police Department. Councilmember Hastings inquired about the meet and consult process with employees not represented by a labor organization, who represents the city, when meetings were held, and minutes of those meetings, and suggested that the non-represented employees should have the opportunity to meet and negotiate their salaries and benefits. The City Manager responded that the City Manager is the employee relations officer and the delegated person acting as the personnel officer is the Assistant to the City Manager, that there is a record of meeting dates with that segment of employees and notes thereof, however minutes are not kept. He confirmed that the Police compensation package was equal to a total of five percent, represents the officers, sergeants, and lieutenants, and that the compensation package falls within the limits established by the Council. He explained that employees not represented by the employee organization have either elected to not join or have removed themselves from that organization, and are set forth on Appendix A of Resolution Number 3965 under the professional and technical category. He noted that Resolutions Numbered 3963 and 3964 are negotiated agreements within the guidelines provided by the Council and he would recommend adoption, and given that Resolutions Numbered 3965 and 3966 are meet and consult items, they could be held over if the Council desired. I Forsythe moved, second by Hunt, to adopt Resolution Number 3963 as presented. AYES: Forsythe, Hastings, Hunt, Laszlo NOES: None ABSENT: Wilson Motion carried RESOLUTION NUMBER 3964 - SALARY RATES/WAGE SCHEDULE/BENEFITS - ORANGE COUNTY EMPLOYEES ASSOCIATION Resolution Number 3964 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES, A SALARY AND WAGE SCHEDULE, AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS FOR THE ORANGE COUNTY EMPLOYEES' ASSOCIATION AND REPEALING ON THE EFFECTIVE DATES SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3964 was waived. 7-9-90 Hunt moved, second by Hastings, to adopt Resolution Number 3964 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None wilson Motion carried RESOLUTION NUMBER 3965 - SALARY/BENEFITS - MANAGEMENT/ CONFIDENTIAL/NON-REPRESENTED Resolution Number 3965 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER 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." By unanimous consent, full reading of Resolution Number 3965 was waived. The City Manager reviewed the compensation plan for the management, confidential, and non-represented employees, and noted he had met with the group in January at which time they were asked to provide their requests, two persons did so, and there were informal meetings to talk with some of the individual employees. He pointed out it has been past practice that compensation for this group is set after negotiations have been held with the employee organizations, and are usually within the approximate percentage range. Mayor ProTem Laszlo asked that action on this item be postponed until there is an opportunity to meet and discussion this in Closed Session, specifically some of the individual salaries. Councilman Hunt said that during budget discussions the Council did establish the total compensation package number, which has been met, that the benefit package had been discussed in some detail and generally agreed that the types of benefits were reasonable and fitting. He said since the budget has been adopted, he did not see that there was room for further negotiation except possibly the distribution of the benefits, and it would seem appropriate for this matter to be resolved and put into effect. Councilmember Hastings again stated she felt there should be good faith negotiations for the non- affiliated employees. Councilman Hunt asked if it is felt there is an additional step in negotiations that the City has an obligation to fulfill. The City Manager responded that given the past practice of this City of determining management salaries based upon the negotiations with the labor organizations, he did not feel there is a problem, however pointed out that an employee in the non-represented class is dissatisfied because the city has been unable to qualify for an indemnity health insurance program and feels he was denied the right of negotiation when the city went to a HMO package. He noted there are only two companies that are offering indemnity health insurance programs to cities in Orange County, and in response to the City'S two requests for proposals, one would not bid on Seal Beach, the other bid at a rate twice that of the HMO and required that there be forty-five employees join the program. He reported that when the employees were polled there were eleven that agreed to bear the additional burden given the increased cap rate, however since the forty-five employees could not be met, the City did not qualify under the insurance company qualifica- tions. Councilmember Forsythe asked if third party involvement to resolve the grievance has been attempted. Mr. Nelson responded that the employee has contacted individual Council members, who in turn have investigated availability of such insurance. It was suggested that there be an adjourned meeting to discuss this matter further prior to the next meeting, and possibly invite the employees to present their concerns. Discussion followed. I I I 7-9-90 I Forsythe moved, second by Hastings, to hold an adjourned meeting on the following Monday at 6:00 p.m. to meet in Closed Session and in public session at the conclusion of the Closed Session. Mayor ProTem Laszlo requested the agenda be limited to this item, and Councilmember Hastings asked that the non-represented employees be given notice of the meeting. AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo Hunt Wilson Motion carried RESOLUTION NUMBER 3966 - COMPENSATION PLAN - PART-TIME/ HOURLY/SEASONAL Resolution Number 3966 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTERED CITY, ESTABLISHING A COMPENSATION PLAN FOR PART-TIME, HOURLY, AND SEASONAL EMPLOYEES AND REPEALING, ON THE EFFECTIVE DATES SPECIFIED, ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 3966 was waived. Hastings moved, second by Hunt, to adopt Resolution Number 3966 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I ORDINANCE NUMBER 1309 - RESCINDING APPROVALS - HELLMAN RANCH PROPERTY (MOLAl Ordinance Number 1309 was presented to Council for second reading entitl.ed "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING ORDINANCES 1279 AND 1292 AND RESCINDING RESOLUTION 3823 REGARDING THE DEVELOPMENT OF CERTAIN REAL PROPERTY IN THE CITY KNOWN AS THE HELLMAN RANCH." By unanimous consent, full reading of Ordinance Number 1309 was waived. Hunt moved, second by Forsythe, to adopt Ordinance Number 1309 as presented. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried RESOLUTION NUMBER 3967 - DECLARING RESULTS - SPECIAL MUNICIPAL ELECTION - JUNE 5. 1990 - MEASURE 0 Resolution Number 3967 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON THE 5TH DAY OF JUNE, 1990, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW." By unanimous consent, full reading of Resolution Number 3967 was waived. Hastings moved, second by Hunt, to adopt resolution Number 3967 as presented. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried CONSENT CALENDAR - ITEMS IIp'' throuah "T" Councilmember Forsythe requested Item "Q" be removed from the Consent Calendar. Hunt moved, second by Forsythe, to approve the recommended action for items on the Consent Calendar, except Item "Q", as presented. P. Approved regular demands numbered 79951 through 80092 in the amount of $406,392.17, and payroll demands numbered 40687 through 7-9-90 40881 in the amount of $214,781.82 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. R. Denied the claim for damages of John Spencer and referred same to the city's liability attorney and adjuster. Instructed staff to forward the suggested comments on the Draft Environmental Impact Statement on the Endangered Species Management and Protection Plan, Naval Weapons station, Seal Beach National wildlife Refuge, to the U. S. Fish and wildlife Service. T. Received and filed the staff report and instructed staff to continue to work with Orange County to accomplish other requested modifications to the County Transportation Element. S. I AYES: NOES: ABSENT : Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "a" - APPROVAL OF MINUTES Hunt moved, second by Laszlo, to approve the minutes of the regular adjourned meeting of May 10, 1990. AYES: NOES: ABSTAIN: ABSENT: Hunt, Laszlo None Forsythe, Hastings Wilson Motion carried I OLD CITY HALL - 201 - 8TH STREET Councilmember Hastings reported she recently learned of a foreclosure action on the Old City Hall property located at 201 - 8th Street by Charter Savings Bank, that the City was not notified of the action or of instances when CHP-80 has been in arrears on their mortgage payments. She stated investigation has shown that the mortgage is on the leasehold of CHP-80, rather than the property and building, originally held by Orange Coast Savings and Loan which was later assumed by Charter Savings, and that the City Attorney has been requested to obtain a copy of the original loan application and escrow instructions from Charter, which the City does not currently have in its records. Councilman Hunt recalled that in the early 80's it was the City's desire to preserve the building, particularly for its historic qualities, however the building was in grave disrepair which lead to agreement by California Historic Properties to rehabilitate the building, pay $20,000 to the City annually, with the loan to be no more than seventy-five percent of the cost of the improvements, $600,000 to $800,000. He noted a few months back CHP-80 ceased making I payments, yet there was value to the lease since the building was sub-leased for a period of thirteen years to Comcast for about $100,000 per year, and it was his understanding that another property was involved yet it did not have the value of 201 - 8th Street, therefore this lease is firm. Councilman Hunt suggested that if the amount of money owed on the lease is within $500,000 to $600,000 and should the lease be available to purchase from the bankruptcy trustee or Charter Savings, the City should give serious consideration to that opportunity, especially since the lease value is probably about $800,000 at this time, and 7-9-90 when the Comcast lease expires the rental will likely increase to about $2 per square foot as opposed to the current $.82. Councilmember Hastings agreed, and noted Charter had said they are presently negotiating with CHP-80 for a reworkout. I REPRESENTATIVE - ORANGE COUNTY LEAGUE MEETING - MEASURE M The City Manager noted the Council had authorized Mayor Wilson to attend the July 12th special meeting of the Orange County Division of the League to discuss the proposed Measure M, the sales tax measure, however reported the Mayor will be unable to attend due to family illness. Councilmember Forsythe agreed to attend the special League meeting. APPOINTMENTS - BOARDS and COMMISSIONS Environmental Oualitv Control Board Councilmember Forsythe moved to appoint Mr. Mario Voce to the Environmental Quality Control Board for the full term expiring July 1994. Mayor ProTem Laszlo seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I Citizens particioation Committee The District One, Three and Five appointments were held over until next meeting. Seal Beach Administration Buildina Authoritv Mayor ProTem Laszlo moved to reappoint Mr. Bruce Collier to the Seal Beach Administration Building Authority representing District Four for the full term expiring July, 1994. Councilmember Forsythe seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried proiect Area Committee Councilmember Forsythe moved to appoint Ms. Carla Watson to the Project Area Committee as a resident representative of District Three for the full term expiring JUly, 1992. Mayor ProTem Laszlo seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried Forsythe moved, second by Hunt, to accept the appointments to the Project Area Committee of Ms. Joyce Risner by the Friends of the Library, Ms. Barbara Rountree by the Historical Society, and Mr. Gordon Shanks by the San Gabriel Parks Society. I AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried The District Three business representative to the Project Area Committee was held over. Seal Beach Cable Communications Foundation Councilmember Forsythe moved to appoint Ms. Betty Dahlin to the Cable Communications Foundation representing District 7-9-90 Three for the full term expiring July, 1992. Mayor ProTem Laszlo seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried civil Service Board I Mayor ProTem Laszlo moved to appoint Mr. Sam D'Amico to the civil Service Board representing District Four for the unexpired term ending July, 1992. Councilmember Forsythe seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, ~unt, Laszlo None Wilson Motion carried 75th Anniversarv Committee Councilman Hunt moved to appoint Ms. Pat Dopp to the 75th Anniversary steering Committee representing District Five. Councilmember Forsythe seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried Housina Element Committee Councilman Hunt moved to appoint Ms. Edith Colling to the Housing Element Review Committee representing District Five. Councilmember Forsythe seconded the motion. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I Councilmember Hastings requested that the organizational meeting for the Housing Element Review Committee be called at the earliest possible time, with the Council continuing to fill the remaining appointments. It was the order of the Chair, with consent of the Council, to declare a recess at 10:30 p.m. The Council reconvened at 10:41 with Mayor ProTem Laszlo calling the meeting to order. COMMUNICATION - CHARLES ANTOS Mr. Charles Antos, Seal Beach, spoke regarding a claim he and his wife had submitted to the City and the subsequent procedures for denial, review, and recommendation to the Council. Mr. Antos stated his claim related to personnel files, that he was employed with the city from 1972 to 1983 and since resigning he has not worked for nor made applica- tion to the City for employment, therefore there would be no reason for his personnel records to be opened, yet it has come to his attention that items from his file are in the possession of persons in the community, including the press. Mr. Antos expressed concern that personnel files may be accessible, that the Council was not made aware of the I nature of his claim, and if there is no concern to that by the Council and staff it should be so stated publicly. Mr. Antos said this date he was made aware that one of the items being distributed had been made part of the Civil Service Board action in 1983 therefore it is a public record, however that is not the only item being distributed, and that the only release at that time related solely to that case and was to one individual at the L.A. Times. He charged that his is not the only file from which records have been released. Mr. Antos read a release by Kim Lockley 7-9-90 I giving Charles and Marie Antos the authority to speak/represent his interests, and then read a letter of Mr. Lockley dated July 7, 1990 regarding his employment experiences with the City and eventual termination from the Police Department. Mayor ProTem Laszlo said the charges contained in the letter would be discussed in Closed Session. Ms. Barbara Antoci, Seal Beach, stated the materials just mentioned verify what she has said previously, that this individual was one of thirty persons having submitted complaints to the Grand Jury regarding the Department, and again asked that the Attorney General's office be requested to investigate the Police Department and the City administration. Mr. Mark Soukup, 310 - 16th Street, said he had experience where the animal control officer removed a dog from an out of State vehicle parked in front of his residence causing the individual to retrieve the dog and pay a fine, which he claimed was harassment. Ms. Lisa Lang, Seal Beach, said she and her family purchased police scanners to monitor police calls, and complained about attitudes and comments of the officers, stated she also had an experience with animal control who took the family cat from her residence which then resulted in a $200 cost to have an abscess removed from its face, and claimed she and her family have been harassed. Ms. Marie Antos, 328 - 17th street, spoke in support of her husband and his employment with the city, stated nothing has been done to correct situations that have long existed, and that she wanted some action to be taken. I CITY COUNCIL ITEMS Councilmember Hastings stated the conversation that former Councilmember victor Grgas pursued with the City Attorney during a recent meeting was unacceptable behavior, read a letter from a resident who reportedly sat in close proximity to Mr. Grgas, Mr. Evans, Mr. Oderman, and a Mola employee at the meeting where the Mola development was denied and overheard various comments of those persons, and said she was transmitting the letter to the City Attorney. With regard to a question of Mayor ProTem Laszlo, the Assistant City Attorney advised that generally conversations in Closed Session are not to be disclosed, yet she was not aware of any explicit penalties directly related to such disclosure. Councilmember Hastings reported there have been instances during recent Council meetings where certain residents have taken advantage of using the City Hall conference room to view the meeting, which is meant for staff use only, therefore if that is allowed it was her intent to allow its use by everyone on a first come basis. She charged that the City Manager and Development Services Director had received the preliminary geologic report of Dr. Arulanandan in adequate time for the June 11th meeting however Council was not provided copies thereof for that meeting, and that those persons did everything possible to assure that the Mola plan would be approved by the previous Council. She spoke of a proposal of the City Manager to save taxes by disposing of the paid-for Lifeguard boat therefore eliminating the docking fee, of a recent L.A. Times article regarding alleged problems in the Police Department and updating of the personnel rules, and read a letter she received regarding the Grand Jury allegations and in support of adherence to rules regarding nepotism. Councilmember Hastings expressed displeasure with the manner in which the personnel rules and employee relations matters have been handled, that there should be study and discussion of the changes if the rules and regulations are to be updated, that the staff takes their direction from the city council, and as the Councilperson from District One, stated the City Manager had her permission to use city time to bring his I . 7-9-90 resume up to date and place them in the mail. Councilman Hunt objected to the comments of councilmember Hastings, stated he has never witnessed any favoritism by the staff, and based upon his experience to date he strongly supports their efforts. Councilmember Forsythe stated she had a three page list of threats and harassments that she had been subject to prior to and after the vote on the Mola project, and at the recommendation of the City Attorney she would be I submitting the item to him and the Police Department, that she would continue to record any and all threats to her family, herself, and business, and in the event anything were to happen to anyone of those she would hold the Mola Corporation totally and completely responsible as well as any employees in City Hall who work for the Mola Corporation instead of the City Council. Mayor ProTem Laszlo read a communication from the Seal Beach Chamber of Commerce Board of Directors in opposition to the action to deny the development on the Hellman property for reasons specific to the business community. Mayor ProTem Laszlo reported a sprinkler system problem at Shapell Park, stated the fireworks display was quite good and well attended, inquired why Mola is continuing to work on the Hellman property, and whether they have been to City Hall and/or requested anything from the city. The Development Services Director responded that Mola is continuing the archaeological work on the site, with the permission of the Hellmans, since the Coastal Commission indicated that such work would be required for anything to go on that property, and under their regulations the work would be allowed to be completed even though the project was not approved. He reported Mola has picked up their project exhibits, that they had requested soils reports that have been required for other projects throughout the community, however staff asked that I the request be made in writing, that they also requested information regarding the room addition of Councilmember Forsythe, which he believed was a telephone request. ORAL COMMUNICATIONS Mayor ProTem Laszlo declared Oral Communications open. Ms. Beverly Casares, Seal Beach, requested that there be a satisfaction of lien recorded for the building and land located at 201 - 8th Street, and commended the Council for attempting to answer citizen concerns. She spoke regarding threatened recall if certain members of the Council voted against the Kola project, however suggested review of the Council Resolution that set forth the concerns with that project as well as the development agreement, and likened the Mola project to development of College Park East. Ms. Casares requested a warrant listing of all monies paid for legal counsel, charged that some of the employees have been allowed to obtain their own health insurance, that two City employees had applauded the statements in support of the Mola project, and said the flier for the Mola barbecue did not say it was paid by Mola, yet the Recreation Director endorsed it, and charged that the Development Services Director speaks untruths. Mr. Mario Voce, 730 Catalina Avenue, stated that given the fourth draught year the Gum I Grove Park is tinder try, that fireworks debris and some burn marks have been found, stated he contacted the city to inquire if some irrigation could be possible and it was suggested that the Volunteer Fire Department conduct a drill in the Park that would provide some water to the area. He asked the public to assist in an effort to provide water for Gum Grove, possibly a tank of water through assistance from the County or State or volunteers, and stated it would be a tragic loss to lose Gum Grove to fire. He added that a wild flower program is also planned for the Park. Mr. Voce said that when the citizens met with Mola representatives on the 7-9-90 I B-2 plan their comments were prefaced with 'we are not going to go away', therefore citizen input was simply to develop a plan for them, and now Mola is claiming to have spent $10.7 million, yet this is his investment at his insistence, and suggested that if the citizens time were calculated it would far exceed that amount. The City Manager reported the Volunteers have agreed to schedule a fire drill in Gum Grove, yet there would probably be no more than possibly fifteen hundred gallons of water dispersed in one drill. With regard to having Hellman water Gum Grove, Ms. Beverly Casares said Hellman's response was that the City is paying the taxes and are responsible for the maintenance and liability of the trees. councilman Hunt suggested that if adjacent residents were willing to run their hoses into the Park, possibly they could be reimbursed by the city based upon a calculation of so many gallons per hour. Ms. Barbara Antoci took exception to comments of Councilman Hunt, stated the Council has been made aware of the issues discussed at this meeting, objected that Mola continues to do work on the Hellman site and charged that they are required to obtain a different type of Coastal permit for the work that is presently being done. She stated she did not want plans for her house provided to anyone, which is an invitation to crime, and made a contribution to the Gum Grove Park water fund. Mr. Page Henley, 404 Opal Cove, asked if Councilman Hunt could speak to the Mola Corporation regarding the threats made to Councilmember Forsythe since he was supportive of the Mola project. Mrs. Francis Johnson, Coastline Drive, asked who is responsible for the closure of the gate to Gum Grove Park, and suggested that the Police Department patrol the homes when the residents are on vacation as they did in years past. The city Manager responded that there is a standing order for the police patrol to close the gate at dusk. Mr. Charles Antos said he found it interesting that since the Mola decision the Council now wants to implement Roberts Rules of Order, stated that a member of the Council once made a statement that he had been fired from the city, and although there was a subsequent apology for that statement, he now carries a letter from the city that addresses his employment from 1972 to 1983 at which time he resigned. Mr. Antos said there have been on-going similar situations against him during the past eight years, and it is time that they stop. Ms. Lisa Lang asked if policy has changed during the past eighteen months with regard to providing copies of building plans, where she had been informed that one must come to city Hall to request them. The Development Services Director indicated there has been no change. There being no further comments, Mayor ProTem Laszlo declared Oral Communications closed. I CLOSED SESSION No Closed Session was held. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, July 16th at 6:00 p.m. to meet in Closed Session and in public session at the conclusion of the Closed Session. The meeting adjourned at 11:58 p.m. clerk of the 7-9-90/7-16-90 Approved: J~.L ~l&-- Mayor Pro em Attest: I Seal Beach, California July 16, 1990 The City Council of the City of Seal Beach met in regular adjourned session at 6:04 p.m. with Mayor ProTem Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor ProTem Laszlo councilmembers Forsythe, Hastings, Hunt Absent: Mayor Wilson Hunt moved, second by Forsythe, to excuse the absence of Mayor Wilson from this meeting. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried Also present: Mr. Nelson, City Manager I Mr. Walsh, Assistant city Attorney Mr. Archibold, Assistant to the City Manager Mrs. Yeo, city Clerk CLOSED SESSION The Assistant city Attorney announced that the Council would meet in Closed Session to discuss pending litigation and personnel matters. By unanimous consent, the meeting was adjourned to Closed Session at 6:06 p.m. The Council reconvened at 7:54 p.m. with Mayor ProTem Laszlo calling the meeting to order. The Assistant City Attorney reported the Council discussed labor relation matters regarding the proposed Resolution set forth on the agenda and gave direction to the staff. WAIVER OF FULL READING Hunt 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. AYES: NOES: ABSENT: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried I RESOLUTION NUMBER 3965 - SALARY/BENEFIT COMPENSATION PLAN - MANAGEMENT/CONFIDENTIAL/NON-REPRESENTED Resolution Number 3965 was presented to Council 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