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HomeMy WebLinkAboutCC Min 1988-08-01 7.,.18-88 / 8-1-88 grant funds in recent years that have been used for College Park and at Zoeter field, and that the City will be realizing some grant funding in the future. There being no further comments, Mayor Hunt declared Oral Communications closed. CLOSED SESSION There was no Closed Session. I ADJOURNMENT Grgas moved, second by Laszlo, to adjourn the meeting at 9:50 p.m. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried Attest: the Approved: I Seal Beach, California August I, 1988 The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor Hunt calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hunt Councilmembers Grgas, Laszlo, Risner, Wilson Absent: None Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Jue, Director of Public Works/ City Engineer Mrs. Yeo, City Clerk I WAIVER OF FULL READING Wilson moved, second by Laszlo, 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: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried 8-1-88 EMPLOYEE RECOGNITION Mayor Hunt introduced Mr. Jim Cosby, Engineering Department, Mrs. Vicki Shirley, Recreation Department, and Mr. Denis Thomas, Finance Director, and presented each with a plaque in recognition of their twenty years of dedicated employment with the City of Seal Beach. CONSENT CALENDAR - ITEMS "B" THROUGH "G" Councilmember Risner requested that Item "Gn be removed from I the Consent Calendar. Wilson moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar, except Item "G", as presented. B. Approved the minutes of the regular meeting of July 5, 1988. C. Approved the minutes of the regular meeting of July 18, 1988. D. Approved regular demands numbered 70905 through 71187 in the amount of $501,603.76, and payroll demands numbered 31268 through 31465 in the amount of $259,682.80 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. E. Denied the Application for Leave to Present Late Claim of David Earl Ward for an incident occurring December 3, 1987. F. Bids were received until 11:00 a.m., July 21, 1988 for Project Number 597, Pier Piling Replacement, at which time they were publicly opened by the City Clerk as follows: Healy Tibbitts Construction Company ConnOlly-Pacific I $35,980.00 47,850.00 Awarded the contract for Pier Piling Replacement, Project Number 597, to Healy Tibbitts Construction Company in the amount of $35,900.00, authorized the City Manager to execute the contract on behalf of the City, and allocated an additional $1,200 from the General Fund Reserve to the Beach Storm Damage account. AYES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "G" - GUM GROVE PARK GATE In response to Councilmember Risner, the Director of Public Works reported that upon further inspection of the Hellman property a large area of rubble was found near the westerly entrance road, additional trash and debris off of Haynes I Road, and advised that the Public Works Superintendent would be contacting and requesting the cooperation of the persons in charge of maintaining the property to clean the site. Mr. Jue also reported that a quote of $600 had been received to replace the swing gates at the entrance to Gum Grove Park at Avalon Drive. He added that the staff had looked into the possibility of installing a track gate similar to that at the City Yard, however it was determined it could not be properly installed to the west of the entrance due to the 8-1-88 steep slope, and due to the width of the gate, installation on the easterly side would block pedestrian traffic into the Park, also that the cost of a track gate would be considerably more. Risner moved, second by Grgas, to authorize replacement of the Gum Grove Park entrance swing gates at the quoted cost of approximately $600. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I I STREET TREE POLICY The Director of Public Works presented the staff report regarding street tree care as had been requested by the Council, the report providing an overview of current procedures, the policies and procedures that staff would propose be enacted, as well as the problems resulting from current street tree care procedures. The Director pointed out that no definitive policy currently exists for the care of street trees and each situation is handled on a case by case basis, generally falling within one of two categories where the tree is either diseased or is damaging City property, or where the property owner requests removal of a tree for any number of reasons. The report set forth alternatives for consideration of the Council, I) to continue current procedures on a case by case basis, 2) that a street tree policy be adopted by Resolution setting forth Council philosophy and provide general direction to staff for implementing administrative procedures, 3) that certain provisions of the street tree process be incorporated into the City Code, such as a requirement for Public Works permits, or 4) that a street tree Ordinance be adopted setting forth permit requirements, standards for street tree care, definition of responsibilities, and establishment of fines for non-compliance. Councilmember Wilson expressed her opinion that the present procedure is workable and that her preference would be for the least amount of governmental control, and reported that after discussing this matter with a number of individuals in her district she would be in support of alternate two of the staff report to establish a tree care policy by resolution, including administrative procedural guidelines. Referring to the proposal for replacement of street trees with the cost of the tree and root barrier borne by the property owner, Councilmember Risner questioned such charge in a case where the tree had caused damage to property, however stated that if a fee is imposed she would suggest that it be a flat fee. Noting the lack of current policy, Councilman Grgas suggested that possibly guidelines should be established governing requirements for parkway trees, addressing whether or not they are required or warranted under certain conditions, particularly in areas where the streets are narrow, also pointing out that at the present time there is nothing that would preclude a resident from removing a parkway tree. Councilmember Risner expressed her feeling that prohibiting a property owner from trimming branches of the parkway tree would seem to be unrealistic and counterproductive. The Director of Public Works confirmed that the expense related to removal of a tree that was causing public property damage would not be the responsibility of the property owner. With regard to removal of street trees that have been planted by a property owner, possibly inappropriate for parkway planting, that now pose a potential for damage to public property, Councilmember Risner stated she would be uncomfortable with giving the City authority to require the property owner to remove established trees or to allow the City to remove the tree. Councilmember Risner indicated suppport for I 8-1-88 establishing a street tree policy by resolution, alternative two of the staff report, as well as some provisions of alternative three with regard to public works permits. Mrs. Risner expressed concern with certain standards proposed for street tree alteration. Mr. Jue explained that in the past a no-fee permit has been required to remove a tree, none for tree trimming, however it would be staff's preference to have experienced City personnel perform the trimming to prevent damage to the street trees. With regard to the general planting guidelines proposed to be a specific distance from another tree, utility, driveway, etc., he explained that the number of feet is a safeguard proposed to reduce problems resulting from street tree roots, however suggested that if it were policy that a tree was required to be planted with a root box, forcing the root system down instead of out, that would reduce the tree root problems and possibly allow for adjustment of the distances proposed. Councilmember Risner noted the specific issues posed by staff to be addressed, such as the responsibility for maintaining trees planted by property owners, recourse of the City to individuals who inappropriately maintain, remove or plant trees or shrubs in the easement, enforcement of the Master Tree List, and responsibility for damage caused by those trees to private property. She expressed her opinion that the City should be responsible for maintaining mature trees that have been planted by a property owner, that plantings in the easement should possibly be dealt with on a case by case basis as is presently being done, that the type of tree should be acceptable to the City, and stated her preference that the list of acceptable Hill and Cove area trees be combined with those for College Park East, that all of the trees listed be available for choice in College Park West, also indicating she did not feel the City is responsible for any resulting damage to private property. Councilman Laszlo inquired if a property owner can remove the tree if it is determined to be a City-owned tree, and what would be the cost of removal. The City Attorney responded that if it is a City-owned tree it should not be removed by the property owner, and if it were it would be determined to be destruction of City property. The Director of Public Works advised that the cost of removal would vary with the type and size of a tree, ranging from $60 to $350, and that the cost of a replacement tree would range from $40 up to $140, again dependent upon the type and size of the tree, with the cost of the root box about $35. Councilman Laszlo reported that some trees in COllege Park East are damaging private property, stating he felt the City should assume the cost in such cases, however if the property owner wants to remove a tree simply because they do not like it, they should most likely assume the cost involved, and there should possibly be a requirement that the street tree be replaced. He reported a specific case where the street tree is damaging a block wall and stated he felt the City should be responsible for the cost of the damages. Councilman Grgas indicated that he would prefer that the property owner make the decision as to whether or not they want a street tree, that a permit to remove or replace a tree would be desirable, with the trees selected from the City approved list and that root boxes be required With regard to the City assuming the cost to repair damages as the result of a street tree, he stated he felt that possibly those costs should be assumed, however one criteria that should be looked at would be to what extent the City would be exposing itself to liability. Mayor Hunt suggested that the members of the Council submit their ideas regarding this matter to the City Manager to be incorporated into a proposal to be considered at a later meeting. Discussion continued. Councilmember Risner acknowledged that possibly there is a I I I 8-1-88 I need to look at whether street trees should be required or not, that specific consideration may be necessary for each area of the City, however she expressed her feeling that if a tree is existing it should be assumed that it is a City tree, also that when considering repair of private property there could be considerable liability involved and it would be difficult to determine whether or not the damage was caused by the street tree. Councilman Laszlo suggested that street tree regulations of other cities be reviewed, also expressing his feeling that without regard to who planted a tree in the easement or right-of-way it would be a City liability. The City Attorney stated that there is an argument that can be made that once a tree is planted by a private party within the public right-of-way the tree becomes the City's responsiblity since it is within City property, particularly where the tree is maintained as are all other City trees, however in the case of damage to private property there could be a question of responsiblity if the tree was not planted properly and determined to be the cause of the private property damage. The City Manager inquired if it was the intent of the Council to mandate street trees. Mrs. Risner indicated her preference for a policy whereby if a street tree is removed, it should be replaced. Mr. Grgas withheld his support of such policy, suggesting that possibly an althernative should be considered to require a tree to be planted in a front yard rather than the parkway in certain instances. Mr. Laszlo suggested that there be some provision to protect historical trees in the City. Members of the Council noted that their preferences and comments had been made, the staff to prepare guidelines in accordance thereto. I ANIMAL CARE CENTER - LOAN REPAYMENT Councilman Grgas referred to the recent opening of the Animal Care Center and in turn the dedication of that facility to the City, also noting that a supporter of the Animal Care Center effort, Dr. Gelb, has generously pledged an annual contribution towards the operation of that facility throughout his lifetime. Mr. Grgas requested Council consideration of waiving the repayment of the loan made to the Friends of the Animal Care Center for paving of the parking area, which would be an appropriate use of public funds on a public facility. Risner moved, second by Hunt, to fund the capital improvement at the Animal Care Center and waive repayment of the loan. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried APPOINTMENTS - BOARDS and COMMISSIONS Planninq Commission Councilman Laszlo moved to appoint Mr. Phillip Fife to the Planning Commission representing District Four for the full term of four years. Councilman Grgas seconded the motion. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I Citizens Participation Committee Councilman Grgas asked that the District One appointment to the Citizens Participation Committee be held over. Pro;ect Area Committee Risner moved, second by Grgas, to approve the appointment of the Friends of the Library nominee, Mrs. Juanita Donnell, to the Project Area Committee for the full term of two years. 8-1-88 AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried Risner moved, second by Grgas, to approve the reappointment of the San Gabriel Park Society nominee, Mr. Gordon Shanks, and the appointment of the Historical Society nominee, Mrs. Martha Abell, to the Project Area Committee for the full term of two years. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I Councilman Grgas asked that the District One business representative appointment be held over. CITY COUNCIL ITEMS Councilman Laszlo reported for the information of the public that the organizational meeting of the Ad Hoc Traffic Impact Committee will be held Tuesday, August 9th at 6:30 p.m. in City Council Chambers and open to all interested persons. Councilmember Wilson clarified that Mr. Greg Weiler, appointed member of the Traffic Impact Committee, is an associate of a law firm in Newport Beach. Councilmember Risner reported a resident complaint regarding access to the Post Office on Main Street due to lack of available parking. She stated the individual had suggested that a mail receptacle be placed on the west side of Electric Avenue, possibly in the vicinity of the Radisson Inn, and in addition Mrs. Risner offered that possibly through discussion with the postmaster, consideration could be given to providing two limited parking spaces in front of the Post Office or that a receptacle could be placed in the rear of the Post Office off the alley. Councilmember Risner requested an update regarding the Council suggestion to form a staff liaison with the City of Los Alamitos and other I surrounding cities to review/discuss future development projects. The City Manager reported the Council suggestion had been communicated to Los Alamitos, that discussions have been held with the City Manager of Los Alamitos and Cypress, a meeting scheduled with other City Managers, and that there has been preliminary discussions with City of Long Beach staff. He advised that the mechanism is now in place for Los Alamitos to review projects and developments that could have an impact on that City, and furthe~. that a letter is being forwarded to the_~o~smoor.~ommunitY~Services District offering the opportunity,for their, part~eipation. Mr. Nelson also reported that the staff of SCAG.has offered through him to those cities who have dropped their SCAG membership, the potential of funding a regional transportation study, similar to studies conducted in the San Gabriel Valley and the San Bernardino/Riverside areas, stating that he has indicated interest in such study and that he would pursue the possibility with other City Managers. Councilmember Risner stated it should be understood that this City has like concern with projects and developments in neighboring cities that will impact Seal Beach. Councilmember Risner referred to the update on the Mola development at the July 5th meeting regarding the tentative agreement with the State Fish and Game for the set I aside of acreage for restored wetlands, the status of the golf course and open space, and the developers intent to go forward with development plans at the Coastal Commission and City level, and stated that since there are now changes to the plan that she felt to be significant, such as the reduction of the acreage of the golf course/park, she would recommend that this development proposal receive complete plan review by the Recreation Commission and Environmental Quality Control Board, then be forwarded to the Planning 8-1-88 / 8-15-88 I Commission and City Council for public hearings. She suggested that residents abutting the proposed project should contact the City to ascertain how the grading of the project will affect their property and change from what currently exists, also that. the specifics relating to Gum Grove Park and other elements of the project should be looked at closely. Referring to the proposed revision of the business license fees, Mayor Hunt suggested that the City Manager give consideration to and report to the Council the feasibility of establishing a license fee for non- residential (commercial) rental property owners, possibly up to one cent per square foot per year. Mayor Hunt reported his attendance at a recent Cable Communications Foundation meeting' and. spoke highly' of the appointed membership of the Foundation and conduct of their meeting. He also expressed appreciation to the Southern California Edison Company and the Department of Water and Power who sent representatives to Leisure World to discuss concerns relating to 'pollutants, noise, etc., from their facilities and have offered cooperation in resolving the concerns. Mayor Hunt continued, reading his statement in response to recent letters in local newspapers relative to the development of the Hellman property by the Mola Development Company, the wetland issue, and charges of inv.olvement of the City, City employees, and members of the Council. ORAL COMMUNICATIONS There were no Oral Communications from the audience. ADJOURNMENT Wilson moved, second by Risner, to adjourn the meeting at 8:38 p.m. I AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried ") the Attest: I Seal Beach, California August 15.. 1988 The City Council of the City of Seal Beach met in regular session at 7:21 p.m. with Mayor Hunt calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hunt Councilmembers Laszlo, Risner, Wilson