Loading...
HomeMy WebLinkAboutCC Min 1990-09-10 8-27-90/9-10-90 with unanimous consent of the Councilmembers present, the meeting was adjourned at 9:33 p.m. ,f} . I Attest: t Clerk and ex-o . y of Seal Beach ~~~L~4y~ Vh of the I Approved: C1t Seal Beach, California September 10, 1990 The City Council of the City of Seal Beach met in regular adjourned session at 5:07 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo I Absent: None Also present: Mr. Nelson, city Manager Mr. Barrow, Assistant city Attorney Mr. Walsh, Assistant to the City Attorney Mrs. Yeo, City Clerk CLOSED SESSION The Assistant to the City Attorney announced the Council would meet in Closed Session pursuant to provisions of the Government Code regarding pending litigation and personnel matters. The Council adjourned to Closed Session in the city Council Chambers at 5:08 p.m., relocated their Session to the Conference Room at 6:05 p.m., and recessed at 6:45 p.m. The meeting reconvened at 7:02 p.m. with Mayor Wilson calling the meeting to order. The Assistant City Attorney reported the Council had met in Closed Session to discuss personnel matters, including the Grand Jury report, and pursuant to Government Code Section 54956.9(b), discussed the pending claim filed by the Mola Development Company, and no action was taken with respect to the pending claim. ADJOURNMENT Forsythe moved, second by Hastings, to adjourn the meeting at 7:04 p.m. I AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried Clerk and ex-o of Seal Beach 9-10-90 Approved: ~ i). ~~ Mayor Attest: ~h"~' ~ l.ty ler / I Seal Beach, California September 10, 1990 The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Wilson calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Wilson Councilmembers Forsythe, Hastings, Hunt, Laszlo Absent: None I Also present:, Mr. Nelson, City Manager Mr. Barrow, Assistant City Attorney Mr. Walsh, Assistant to the City Attorney Mr. Whittenberg, Director of Development Services Mr. Archibold, Assistant to the City Manager Mrs. Yeo, City Clerk WAIVER OF FULL READING Laszlo 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: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried PROCLAMATIONS Mayor Wilson prOClaimed the month of October, 1990 as "Independent Living Month." The Mayor proclaimed September 9, 1990 through September 15, 1990 as "Local Cable Programming Week." Mr. Bill Gray, Local Program Manager, accepted the proclamation on behalf of Comcast Cable. I PUBLIC HEARING - REFUSE COLLECTION RATES Mayor Wilson declared the public hearing open to consider an increase of the refuse collection rates. The City Clerk certified that notice of the public hearing was advertised as required by law, and reported no communications received either for or against this item. The City Manager reported this item was continued from a previous meeting, and explained there are two elements of the proposed rate increase, the 4.9 percent CPI increase and an adjustment to compensate for the gate fee increase imposed by the County from $13.75 per ton to $17.29 per ton effective July 1st. Mayor Wilson 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. George Briggeman, Jr., 9-10-90 refuse contractor, offered to respond to questions of the council. staff clarified that the increase would be $1.25 for both single family and mUlti-family dwellings, based upon the twice per week collection. Mr. Briggeman noted that Seal Beach is the only community having a twice per week collection and suggested that consideration could be given to a once per week collection as a means to maintain the fees at a lesser rate given the continuing increase of county gate fees and the necessity for a recycling program in the near future. The city Manager offered that once per week service has been considered in the past however it has been the desire of the council to continue with the twice per week collection. councilman Hunt noted that there appears to be a willingness on the part of the citizens to pay the minimal additional cost for the twice per week service, therefore suggested it be continued at least for the present time. There being no further comments, Mayor wilson declared the public hearing closed. RESOLUTION NUMBER 3971 - RESIDENTIAL/COMMERCIAL TRASH COLLECTION RATE INCREASE Resolution Number 3971 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INCREASING RESIDENTIAL AND COMMERCIAL MONTHLY TRASH COLLECTION CHARGES TO COVER THE COST OF ORANGE COUNTY LANDFILL GATE FEES." By unanimous consent, full reading of Resolution Number 3971 was waived. Hunt moved, second by Laszlo, to adopt Resolution Number 3971. AYES: NOES: Hastings, Hunt, Laszlo, Wilson Forsythe Motion carried PUBLIC HEARING - FIRE PREVENTION/FALSE ALARM/MISCELLANEOUS SERVICE FEES - ORANGE COUNTY FIRE DEPARTMENT Mayor Wilson declared the public hearing open to consider enacting certain fees for services proposed by the orange County Fire Department. 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 that representatives of the orange County Fire Department were present, and explained that it was not necessary to take action at this meeting however the target date for the fees to become effective is January, 1991. Councilman Laszlo said the city is presently paying for these services through the fire contract and approval of these fees could be considered double payment, therefore his preference would be to hold this item over until that issue is resolved. The City Manager noted that consideration of renewing the county fire contract will be necessary by December, 1990 and an issue relating to that renewal will be credit for revenues generated within the City to any fees charged by the Fire Department. Mayor Wilson 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. Bob Hennessey, Assistant Chief, Orange County Fire Department, reported the County and the city of Irvine have approved these fees to date, that workshops have been held with other contract cities and that he had no feeling of overwhelming resistance to the proposal, and noted that all fire agencies in the County and Southern California have some form of fee program, this proposal being fees for plan checking, new construction inspection, issuance of permits pursuant to the Uniform Fire Code, malfuncting of automatic alarm equipment, and non-emergency response such as water removal. Councilman Hunt pointed out that fire services are presently provided as a complete package by contract, thus more I .1 I 9-10-90 I revenues are realized by the County as a result of the contract arrangement, therefore whether the fees are paid by the city or the pUblic, it is expected that the city would receive favorable consideration of the contract cost. Mr. Hennessey responded that as part of the Board of Supervisors action in adopting the fire prevention and paramedic fees, they requested that the County Administrative Officer and Fire Chief, with the city Managers, address the issue of equity, and what is proposed for Seal Beach is no different from what is proposed in the other thirteen contract cities or the unincorporated area. He clarified that the City has the option to either approve or deny the fee program, and if not adopted, those fees would not apply to this community, however he cited as an example of costs incurred by the County, automatic alarm systems to which the Fire Department responds only to find it was a malfunctioning system or alarm test of which the Department was not notified. The City Manager offered that although the magnitude of the fees are not projected to be great as compared to the total contract cost, he believed the Council concern lies with the issue of principal, and noted that the increase of the contract has been on an average about ten percent per year as opposed to a four percent increase of City revenues, also reported a meeting scheduled for October between the City Managers and the Fire Chief with the issue of credits to be discussed at that time. He added that it is felt the cost to the City for collection of the fees would be minimal and simply an accounting function. Mr. Archibold explained that plan check and construction inspection fees would be collected through the Building Department, the remainder of the fees would be directly billed by the Fire Department. Councilman Hunt again said he felt there should be some cost consideration for the cash contract cities should the proposed fees be adopted, and made a comparison to those communities where the cost of fire services are paid through property taxes, that their service level will remain the same yet there is a monetary difference. Mr. Hennessey stated he could see no difference between the Structural Fire Fund and cash contract cities as a result of the proposed fees to the level of service, however equity between the Structural Fire Fund and cash contracts is going to be addressed. Councilman Laszlo suggested that letters be forwarded to the other contract cities setting forth the Seal Beach position on this issue. Laszlo moved, second by Hunt, to continue the public hearing on this item until the November 13th meeting. I AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried I RESOLUTION NUMBER 3978 - ANAHEIM BAY PORT MODERNIZATION PROJECT Resolution Number 3978 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, OPPOSING THE PROPOSED ANAHEIM BAY PORT MODERNIZATION PROJECT." By unanimous consent, full reading of Resolution Number 3978 was waived. The City Manager stated an alternate Resolution was prepared for consideration based upon Council discussion at a previous meeting, removing language that could be a supposition at this time. Mr. Bob Kendrick, Surfs ide COlony, expressed appreciation for the opportunity of proposing the Resolution in opposition to the modernization project, reported that an organization has been formed to likewise oppose the project, and that the scoping session recently held in Long Beach provided opportunity for public comments. Mr. Kendrick explained that the proposal before Congress is for 9-10-90 homeporting of ships in Long Beach, San Diego, and Bremerton, Washington which results in revenues to those communities, yet Seal Beach would realize the negative aspect of the modernization project. Mr. Kendrick read his proposed Resolution in full, and suggested that the Seal Beach position be forwarded to the cities of Long Beach and San Diego to seek their support. Councilmember Forsythe offered certain changes to the draft Resolution prepared by staff, the third "Whereas" to read "...substantially alter the existing design and character of Anaheim Bay, tidal access for the Bolsa Chica Wetlands Preserve, and increasing the potential for adverse effects on the environment", the fourth "Whereas" to read "...will change the size and character of the Southern California coastline, inclusive of bay and beaches, thereby adversely affecting aquatic sports in the area." Councilmember Hastings suggested that the impact would be greater than just on aquatic sports, that the quality of the ocean and edibility of ocean resources would be affected, and there would also be a noise impact. After discussion, the title of the proposed Resolution was amended to include the words "Phases One, Two, and Three." Mayor Wilson stated that although there is considerable opposition to the project, she had received comments in support based upon the safety of the nation, and suggested that this item be held over until the EIR is completed. Captain Steven Holl, Naval Weapons Station, urged that the Council suspend judgement on the proposal until after the environmental studies have been completed, suggested that the city may not want to be on record in opposition to things that are not in the final proposal, and clarified that the amount of breakwater is not the same in each proposal, that there are two wharfs proposed for the inner harbor, not three, and that the proposal would provide ammunition off-loading facilities for use by both Long Beach and San Diego. Discussion continued. Laszlo moved, second by Hastings, to adopt Resolution Number 3978 with the amendments previously stated. Councilman Hunt reported he too had received comments in support of the project largely because the Navy supports and protects the country, that he believed the extension of the port is substantially for safety reasons, however offered his support for the Resolution as amended. I I AYES: NOES: ABSTAIN: Forsythe, Hastings, Hunt, Laszlo None Wilson Motion carried RESOLUTION NUMBER 3979 - LOW FLYING AIRCRAFT Resolution Number 3979 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH EXPRESSING CONCERNS RELATIVE TO LOW FLYING AIRCRAFT OVER THE CITY." By unanimous consent, full reading of Resolution Number 3979 was waived. Laszlo moved, second by Forsythe, to adopt Resolution Number 3979. The City Manager reported the Resolution is proposed as a result of citizen complaints I and sets forth concerns regarding the frequency of deviations from the normal flight patterns and elevations, requests that actions be taken to ensure the highest level of flight safety possible, and at the request of Council he described the flight patterns to and from the Long Beach Airport and Los Alamitos Reserve Center. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried 9-10-90 I ORDINANCE NUMBER 1312 - PLANNING COMMISSION COMPENSATION Ordinance Number 1312 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 17, SECTION 17-6, OF THE CODE OF THE CITY OF SEAL BEACH, RELATING TO COMPENSATION OF MEMBERS OF THE PLANNING COMMISSION." By unanimous consent, full reading of Ordinance Number 1312 was waived. Hunt moved, second by Laszlo, to adopt Ordinance Number 1312 as presented. AYES: NOES: Forsythe, Hastings, Hunt, LaSZlo, Wilson None Motion carried I ORDINANCE NUMBER 1313 - ESTABLISHING BEACH COMMISSION Ordinance Number 1313 was presented to Council for first reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ESTABLISHING A BEACH COMMISSION AND DEFINING THE ORGANIZATION, POWERS AND DUTIES." By unanimous consent, full reading of Ordinance Number 1313 was waived. Forsythe moved, second by Hastings, to approve the introduction of Ordinance Number 1313 and that it be passed to second reading. Councilman Laszlo expressed concern that this Commission could be a means of soliciting additional allocations of funds for the Lifeguard Department over other departments. At the conclusion of discussion, the Assistant City Attorney suggested the wording of Section 3, subsection 3, could be revised to read "Review the proposed annual budget for beaches, and make recommendations with respect to allocation of the proposed budgeted amounts to the City Council and City Manager." Councilmember Forsythe amended the motion to include the revised language with consent of the second. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:31 p.m. The meeting reconvened at 8:43 p.m. with Mayor Wilson calling the meeting to order. I RESOLUTION NUMBER 3981 - AD HOC SOLID WASTE ADVISORY BOARD Resolution Number 3981 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CREATING AN AD HOC SOLID WASTE ADVISORY BOARD." By unanimous consent, full reading of Resolution Number 3981 was waived. The Assistant to the City Manager presented the staff report, noting the proposal for the Advisory Board is in conjunction with the State Integrated Waste Management Act, requiring cities to implement and adopt a source reduction/recycling element to identify how the City will reduce refuse twenty-five percent by 1995 and fifty percent by the year 2000. He pointed out the duties of the Board would be to evaluate, assess, and provide direction to the Council and staff on recommended courses of action for the development of plans to address solid waste issues through legislation, public education, greenwaste diversion, household hazardous waste, source reduction, recycling, and community relations. Hunt moved, second by Forsythe, to adopt Resolution Number 3981. Staff confirmed that the Board would be developing a course of action prior to a Council decision on the recycling program, explained that there would be no direct cost to the city for the consultant services to the County, yet all Orange County cities would benefit from their information in preparing the County element. In response to a question of Councilman Laszlo, Councilman Hunt noted that 9-10-90 Leisure World has a separate trash service and has had a bottle, glass, and newspaper program for a number of years as well as street sweeping and tree trimming programs, yet given that the state law will affect the city as a whole, he suggested that possibly a representative of Leisure World that has had experience in dealing with this issue could I work with the city in a cooperative and constructive manner. The city Manager offered that the Navy and Surfs ide also have separate trash collection services and the City will likewise need to work closely with them on this issue, as well as the commercial businesses, and noted the penalties that the city would realize if there is not cooperation and the state goals are not met. After brief discussion, Laszlo moved a substitute motion, seconded by Hastings, to adopt Resolution Number 3981 as a1llended to reflect that the Board consist of seven rather than eight members, one from each District, and two Councilmembers. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried PROPOSED ORDINANCE - REGULATING VEHICLES PARKED FOR ADVERTISING PURPOSES A proposed Ordinance was presented to Council for consideration entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 13 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO MOTOR VEHICLES AND TRAFFIC." By unanimous consent, full reading of the Ordinance was waived. The City Manager stated that pursuant a request of the previous Council, the proposed Ordinance was prepared to address a concern with vehicles being parked on streets for the purpose of advertising, trucks with advertising billboards, and occasionally vehicles parked for the purpose of street vending. He added that the Ordinance would allow the Police Department to prohibit vehicle parking strictly for the purpose of advertising, yet it provides for certain exemptions. After further discussion, it was the consensus of the Council to take no action on the proposed Ordinance. I RESOLUTION NUMBER 3982 - OPPOSING SENATE BILL 1333 - BROWN ACT Resolution Number 3982 was presented to council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS OPPOSITION TO SENATE BILL 1333 AS IT RELATES TO THE BROWN ACT." By unanimous consent, full reading of Resolution Number 3982 was waived. The City Manager explained the proposed Resolution expresses opposition to a recent action in conjunction with adoption of the State budget whereby the legislature removed the mandate for public participation and seventy-two hour posting of agendas which in turn deleted the provision that the State reimburse related costs to the cities. He noted the Resolution sets forth the City'S intent to continue the present policy of posting agendas seventy-two hours prior to the meetings and the opportunity for public comments. Discussion followed. Laszlo moved, second by Hastings, to adopt Resolution Number 3982. I AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried CONSENT CALENDAR - ITEMS "L" thru "0" A member of the audience requested Item "L" removed from the Consent Calendar, and Councilman Laszlo requested Item "M" removed. Hunt moved, second by LaSZlo, to approve the recommended action for items on the Consent Calendar, except Items "L" and "M", as presented. 9-10-90 N. Approved the minutes of the regular adjourned meeting of June 12, 1990. o. Approved the minutes of the regular adjourned meeting of June 19, 1990. I AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "L" - DEMANDS Mr. Bruce Stark suggested the Council review the time frame covered by the checks payable to the City Attorney's office and to the attorney for liability matters, and what those payments cover. Staff explained the RiChards, Watson and Gershon check consisted of four billings, included June and July services relating to the Wetlands Society lawsuit, as well as the Grand Jury investigation, CEQA guidelines, title investigation of the Old City Hall, proposed litigation regarding the oil spill, defense of various lawsuits, compliance with AB 939, various personnel matters, general legal services, Council meetings, Redevelopment Agency matters, services related to a claim by the County with regard to work done in Anaheim Bay, also an attempt by the City to collect delinquent taxes, collected by the County however not passed on to the City, an approximate $85,000 through 1988 or 1989. Councilmember Hastings noted her request that all of the loan documents relating to the Old City Hall be provided to the City for its records. The Assistant city Attorney advised that the loan documentation has been obtained, the title report revealing that there is no interest superior to the City'S interest in the building, and offered that if the City Council wished to obtain all documents relating to the loan they could be requested from Orange Coast Savings and Loan. The City Manager reported the check to Mr. Stevenson, the liability attorney, relates to a case currently under litigation, and due to the nature of the case, and without the approval of Mr. Stevenson, he could not reveal specifics of the billing unless it were in a closed session. Laszlo moved, second by Hunt, to approve regular demands numbered 80701 through 80905 in the amount of $566,735.15, and payroll demands numbered $251,518.69 as approved by the Finance Committee, and authorize warrants to be drawn on the Treasury for same. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried I ITEM "M" - MERCHANTS PARKING AGREEMENT In response to Councilman Laszlo, the Assistant to the city Manager clarified that the Agreement provides for 100 parking spaces at $40 per space, that cost consistent with the annual resident beach lot parking permit. He added that he believed the per space fee under the eleven year agreement had been increased two years ago. Laszlo moved, second by Hunt, to approve the Merchant Parking Permit Agreement between the City and the Seal Beach Business Association for the period of one year commencing October 1, 1990. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion Carried 9-10-90 LEAGUE OF CALIFORNIA CITIES - ORANGE COUNTY DIVISION - BY-LAWS The City Manager reported the By-LaWs were provided for Council information and will be considered at the League meeting of September 13th. Laszlo moved, second by Hunt, to approve the Orange County Division By-Laws. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried I MAIN STREET ARCHWAY SIGN The city Manager reported a Main Street Archway Sign had been a topic of considerable discussion by the Ad Hoc Retail Sales Committee, and that the President of the Seal Beach Business Association had submitted a copy of plans he obtained for a similar sign recently constructed in the City of Weed. He requested that prior to the staff proceeding, the Council consider the conceptual design, initiate a Main Street Archway Sign capital project, estimated cost of $30,000, authorize the Business Association to solicit funds for same, and that those funds be held in trust until such time as the total estimated cost is covered by contributions. Hastings moved, second by Laszlo, to refer this matter to the Planning Commission for consideration under a public hearing for citizen input. Councilman Laszlo suggested that a photograph of the Weed archway be obtained, and concurred with the suggestion of the Assistant city Attorney that an ad be placed in the local newspaper noticing the hearing since there is no legal requirement to hold a public hearing. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried I REOUEST - 75TH ANNIVERSARY COMMITTEE The City Manager presented the staff report regarding the request of the 75th Anniversary Committee for a Lions Club Pancake Breakfast, and the sale of hamburgers and hotdogs which has traditionally included the sale of beer within the requirements of ABC regulations. Committee Chairperson, Dorothy Whyte, explained that the festivities of October 27th will commence with a 10K Run, pancake breakfast, then a parade, with food booths, bands, and carnival on the greenbelt, that the Lions Club had requested the sale of beer within the roped-Off area near Main Street, and noted some of the proceeds would be forthcoming to the committee. Ms. Barbara Antoci, Ocean Avenue, expressed objection to the sale of liquor or beer and to alcohol sponsored events even if contained to a specific area. Mr. Jack Smith, 1405 Seal Way, said he felt the Lions ClUb sponsored events are handled properly and with respect for the community. Ms. Lisa Lang, Seal Beach, inquired if adequate restroom facilities would be provided. The City Manager responded that such facilities are included as part of the Committee's overall planning process for the entire anniversary festivities. Members of the Council expressed their support I for past events hosted by the Lions Club, the anniversary celebration to be a community event as opposed to certain past activities drawing sizeable out-of-town crowds, and that the beer booth within a controlled area should pose no problem. Ms. Francis Johnson, Coastline Avenue, noted that a choice of regular or non-alcoholic beer could be provided, such as that produced by Miller Brewing. The staff and Chairperson Whyte explained that it is anticipated the committee will receive ten percent of the proceeds plus a flat rate rental from the various booths and that in addition to the City'S insurance, the Lions Club holds 9-10-90 insurance for their activities and actions of their members. Hunt moved, second by Forsythe, that the Lions Club be allowed to use the municipal parking lot located at the northeast corner of Main street and Electric Avenue, that the sale and consumption of beer be authorized, provided that the staff notifies all businesses of this decision. I AYES: NOES: Forsythe, Hastings, Hunt, LaSZlo, wilson None Motion carried REOUEST - USE OF CITY COUNCIL CHAMBERS The report from staff noted receipt of a request to use the city Council Chambers for general meetings of the "stop the Breakwater" group, specifically October 2nd, and cited the provisions of Resolution Number 3367 governing such use. Councilman Hunt moved to authorized the request for the use of City Council Chambers in accordance with Resolution Number 3367, with the understanding that should an opposing group make a similar request they would be granted the same opportunity. Councilmember Forsythe seconded the motion. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried APPOINTMENTS - BOARDS and COMMISSIONS citizens ParticiDation Committee The District One appointment to the citizens Participation Committee was held over. I Environmental Oualitv control Board Councilmember Hastings moved to appoint Mr. Jeff Deckner to the Environmental Quality Control Board from District One for the unexpired term ending July, 1993. Councilman Laszlo seconded the motion. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried Housina Element Review Committee The District Two and Three appointments to the Housing Element Review Committee were held over. Councilman Hunt appointed Mr. Robert Welch to the Housing Element Review Committee from District Five. Hellman Ranch sDecific Plan Advisorv Committee The District Two and Five appointments to the Hellman Ranch Specific Plan Advisory Committee were held over. I Archaeoloaical Plan citizens Task Force Councilmember Hastings appointed Ms. Moira Hahn to the Archaeological Plan Task Force from District One. Councilmember Forsythe appointed Ms. Linda Stobbe to the Task Force from District Three. Councilman Laszlo appointed Ms. Myla Collier to the Task Force from District Four. The District Two and Five appointments to the Archaeological Plan citizens Task Force were held over. GRAND JURY REPORT - RESPONSE The Assistant City Attorney advised that the city Council and Mayor are required to respond to the Orange County Grand Jury Report, reported that the Council had discussed this 9-10-90 matter during the 5:00 p.m. Closed Session, gave certain directions to the City Attorney's office, and offered that the Council could either discuss the matter further in a Closed Session or in public session. It was the consensus of the Council to declare a recess at 10:09 p.m. The Council reconvened at 10:17 p.m. with Mayor Wilson calling the meeting to order. I CLOSED SESSION The Assistant city Attorney announced that the Council had indicated desire to adjourn to Closed Session pursuant to the Brown Act to discuss the Grand Jury Report as it relates to personnel matters. By unanimous consent, the Council adjourned to Closed Session at 10:18 p.m. and reconvened at 10:32 p.m. with Mayor Wilson calling the meeting to order. The Assistant city Attorney reported the Council had met in Closed Session to discuss their response to the Orange County Grand Jury Report. Assistant to the City Attorney Walsh read the City Council response in full as follows: "On or about June 23, 1990, the Orange County Grand Jury submitted to the City Council of the city of Seal Beach, its report on its review of the Seal Beach Police Department. The City Council is required by law to respond to the Report. The Report contained a discussion of the scope of the Grand Jury's investigation, its methodology of investigation of the evidence submitted and considered by it, it's conclusions and recommendations. The City Council has thoroughly reviewed and considered the I Report. The City Council has also directed members of the City'S staff and City Attorney's office to investigate the issues raised in the Report. The staff members and city Attorney's office have reported back to the City Council. The City Council has fully considered the reports and recommendations of it's staff and the City Attorney. The Grand Jury made six specific recommendations to the City Council regarding the issues discussed in the Report. The City Council responds to the six recommendations as follows: No.1. The city Council has investigated the issue of nepotism raised by the Grand Jury. The City Council had previously directed that its personnel rUles/civil service regulations be entirely revised to bring them into compliance with state and federal employment laws as well as the commonly recognized principles of effective employee relations. The City's Personnel Rules regarding anti- nepotism rules are being revised to comply with state and federal anti-discrimination employment laws as part of the overall revision of the Personnel Rules. The City will implement policies and procedures to ensure that the anti- nepotism rules are uniformly and consistently enforced. The city Council will direct the Civil Service Board to investigate the nepotism allegations contained in the I Report. The Civil Service Board will report its findings and recommendations to the City Council for review and appropriate action. No.2. The report did not identify the "conflicts of interest" either actual, perceived or potential referred to in this recommendation. Therefore, the City Council cannot respond to this recommendation. No.3. The Police Department has instituted a number of programs to improve morale, reduce stress related problems 9-10-90 I and improve the Department's work environment. The measures introduced by Chief stearns include group meetings on the subject of stress management, exercise and diet. The Department has also enlisted the assistance of two medical professionals who specialize in the prevention, amelioration and elimination of stress related problems associated with police work. Although a number of police employees have retired from the City because of job-related injuries, including stress related injuries, the City Council believes that many of the conditions which may have contributed to these retirements and which are within the control of the city have been eliminated and the number of injury related retirements will substantially decline in the future. No.4. The city Council is and has always been responsible for the review and administration of the City's retirement system. The responsibility for ruling upon retirement applications has been delegated to the City Manager for more than ten years. The city Council shall review on an ongoing basis the application and granting of injury related retirements. The city Council will continue to work closely with the City Manager to ensure that disability retirements are only awarded to deserving individuals. I No.5. The City has sought an independent medical opinion when there has been dispute over the nature of an employee's injury and/or the job relatedness of the injury. Second opinions have not been sought in cases in which the employee's and City's doctors have agreed upon the condition of the employee and/or the relationship of the injury to the employee's job. The City Council will continue to closely monitor all retirement applications and will instruct the City Manager to obtain all of the medical information and opinions necessary to properly evaluate all retirement applications. No.6. the City Council will continue to assure that all civil service rules and procedures are vigorously enforced. The City Council will take all necessary actions to see that the City's staff abides by the spirit and letter of the civil service system." Hunt moved, second by Wilson, that the City Council response be submitted to the Orange County Superior Court in response to the Grand Jury investigation. AYES: NOES: Forsythe, Hastings, Hunt, Laszlo, Wilson None Motion carried Councilman Hunt requested to be excused from the remainder of the meeting, and stated he would review the balance of the meeting upon returning from his trip. I CITY COUNCIL ITEMS Councilman Laszlo stated his observation of untidy conditions at the corner of Main Street and Ocean Avenue, and suggested that Grandma's Candies should take some responsibility for keeping that area clean, also he understood the restroom facilities under the pier are in need of thorough cleaning. Councilmember Forsythe reported complaints regarding certain pornographic materials in local liquor stores and asked that the City consider an ordinance, similar to those adopted by other cities, that would require a shield of the materials or behind the counter availability. The city Manager reported that issue is being researched at the present time, and that ordinances of other cities that have been subject of litigation are being 9-10-90 reviewed. Mayor wilson indicated her intent to support councilmember Ron Bates of Los Alamitos for president of the orange County Division of the League of cities unless there was an objection of the Council. No objection was indicated. ORAL COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mr. Blake Hastings, Seal Beach, said he was outraged at reading the claim of the Mola Development corporation, their attorneys stating had they been aware of the invalidity of the City'S Housing Element they would have proposed and assumed responsibility to process an update of the Housing Element at the same time other General Plan amendments were processed for the Mola project. He claimed that had the accommodations of the prior city Council, City Manager, and planning Department been known, the residents would have strenuously objected, that a concerted effort to restore the sovereignty of Seal Beach over any outsider or developer and rewriting the city's General plan to accommodate their needs and desires has led to a feeling of betrayal. Mr. Hastings expressed appreciation to the Council for their efforts to restore the community to the residents and redefine city policy to serve residents first. Mr. Mark Soukup, Seal Beach, said he failed to see the logic of the Mola claim to recoup monies based upon invalidity of the Housing Element or upon approval of the Housing Element an anticipation that their project would be approved. He commented on the bills for legal fees, and supported the Council stance to take no action regarding advertising on vehicles. Mr. David Blakeman, Ocean Avenue, urged support of the 75th Anniversary festivities and fund raising efforts, spoke in favor of the Council action to oppose the Anaheim Bay modernization project, citing economic as well as environmental impacts. He referred to the approval of the trash collection rates, stated his opinion that with the reduction of trash as required by AB 939, although the gate fees may increase the cost to the contractor will decrease, and offered his services as member of the newly formed Solid Waste Advisory Board if that did not pose a conflict of interest. Mr. Blakeman said he hoped that the brief prepared by his attorney, which he provided the city this date, regarding the existing franchise agreement, would show that the paper, glass, plastic and aluminum commodities he collects, approximately six tons per week from Seal Beach, does not infringe on the city's franchise, and noted that trash does not become the property of the contractor until placed curbside. Ms. Marie Antos, Seal Beach, questioned who drafted the response to the Grand Jury inquiry, if the Charter will be amended with regard to nepotism, why there was no response to the conflict of interest issue, what type of investigation was conducted, and the number of police personnel stress disability retirements over the past ten years. She said the Grand Jury investigation was the result of persons in the City having knowledge of things that have taken place, that a number of people would come forward with information if they were assured they would not lose their employment or be harassed, and offered to provide names and dates of specific situations as had been done with regard to Kim Lockley. Ms. Antos was advised that the city is required to respond to the Superior Court by September 23rd, that the Grand Jury investigation was vague and generic and that the City was unable to obtain further information from them as they have disbanded, that the nepotism issue is being referred to the civil service Board, that other charges will be looked into further, and that the Lockley matter had been investigated. Ms. Antos suggested that since the Grand Jury investigation covered a period of I I I 9-10-90 I eleven months, the City then had three months for their investigation, and if additional time is needed it should be requested, claimed the response did not answer the Grand Jury Report, and suggested that the Council look into what is taking place in the city. Ms. Barbara Antoci, Seal Beach, played a tape recording that she said she has made previous reference to, which was subpoenaed from the Police Department after she was illegally arrested. She said the tape was offered to the City Manager and Police Chief for review long before the District Attorney's office was contacted, that the Police Department has not conducted an internal investigation of the officer involved, that her charge of harassment had been provided to the Council, no action has been taken, that the contents of the tape is being transcribed by the District Attorney's office, this as well as the Lockley case being investigated by that office. Ms. Antoci claimed continued harassment for various allegations, including zoning and animal control matters. In response to Councilmember Forsythe, the city Manager stated information referred to by Ms. Antoci is part of an on-going investigation by the District Attorney's office, and if he had or were to reveal such information that would constitute a crime on his part, and that all information that could be released was given to the Council during their discussions regarding the Grand Jury investigation. The Assistant City Attorney pointed out that the Council had responded to the six recommendations received from the Grand Jury, that one sentence of the report had made reference to citizen complaints however was not mentioned in their recommendations, therefore it could be assumed they may have felt constrained under the same restrictions that the City is under, or that it was something being considered by the District Attorney, or the issues were only those they chose to address. He noted that the City had attempted to obtain additional information regarding citizen complaints, and further, that the City does not have whatever information was presented to the Grand Jury. He said the City is aware that certain matters have been referred to the District Attorney, which it is believed are being investigated, yet explained that the District Attorney does not reveal information until their investigations are complete. Councilmember Hastings offered that she has received complaints of harassment, that it is difficult for the Council to pursue such complaints, and suggested that persons bring forth their concerns and that the City and Police Department should follow through with an investigation. The Assistant City Attorney agreed, also suggested that complaints of harassment or criminal activity could be brought to the attention of the District Attorney who is charged with the responsibility of such investigations, that citizens should be encouraged to do so, and noted that traditionally information brought to them is treated in strict confidence, he acknowledged however that various types of complaints are treated in different ways, whether they are submitted to the Police Department or the District Attorney's office, and in certain instances the District Attorney may refer an issue back to the City. The City Manager explained that he would have no power over allegations of a criminal violation since he is not a sworn law enforcement officer under the Penal Code, yet there is a complaint and internal affairs investigation procedure for issues relatinq to the behavior of a local police officer, and if the results of such investigation are not felt to be satisfactory, an individual has the right to seek the services of the District Attorney, and in turn if it is felt there is too close a working relationship between the DA's office and the local agency, the matter could be referred to I I 9-10-90/9-24-90 the Attorney General, and in some instances the FBI becomes involved. He reported in the case of Ms. Antoci an internal affairs investigation was started and after a lengthy period of time determined it was not going to be resolved to the satisfaction of all parties, therefore was referred to the District Attorney's office. He said he did not personally know the investigator in the case nor did he want to I jeopardize the investigation in any way, and no matter the outcome he wanted to have the ability to deal with the situation based upon the facts determined by the District Attorney, also that information given to him has been made a matter of record and available to the District Attorney, however the information he has received has been provided by Ms. Antoci which would be of no valid use because it is third party hearsay information and would not be valid in a court of law. Mr. Charles Antos, 17th street, claimed the stress related issues of the Grand Jury investigation is internal within the Police Department, which should be looked into, and that the resolutions proposed by the response will not resolve that problem. He also stated there will be no satisfaction realized from the District Attorney's office, reported he has taken three cases to that office, all have been covered up, and a letter from the DA's office to the Second District Supervisor advised that there are no cases, to which he in turn sent the information to the Supervisor, copied to the DA's office, and in one case the office said if a lawsuit were filed and an attempt was made to gain information through a discovery motion, his office would present a motion to quash, which was to cover up wrong doing, and suggested that if the District Attorney continues under that attitude, an action should be brought to prosecute under the R.I.C.O. law. There being no further I comments, Mayor Wilson declared Oral Communications closed. ADJOURNMENT The meeting was adjourned by unanimous consent of the Council at 11:50 p.m. AYES: NOES: ABSENT: Forsythe, Hastings, Laszlo, Wilson None Hunt Motion carried of the Approved: ---d~ ~- ~~ Attest: I Seal Beach, California September 24, 1990 The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor ProTem Laszlo calling the meeting to order with the Salute to the Flag.