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HomeMy WebLinkAboutCC Min 1987-05-26 5-l9-87 / 5-26-87 I CLOSED SESSION The City Manager stated that the Council would meet in Closed Session to discuss potential litigation with regard to the School District development fees, and labor relations regarding the meet and confer process. The Council adjourned to Closed Session at II:S3 a.m. and reconved at 12:55 p.m. with Mayor Clift calling the meeting to order. The Assistant City Attorney reported the Council had discussed the items previously reported. rnformal discussion followed regarding the Department of Water and Power property and the potential for the City to license or lease approximately 2.2 acres of that site. The City Manager reported that the asbestos removal from the site had cost the Department of Water and Power approximately one million dollars and that it now appears it will be some years before development will be considered. He noted that along with the 2.2 acre parcel, which could be seeded and some planting incorporated, an easement exists at the southerly portion of the.site which, if not -used, is to revert back to the owner of that property, advising that the City could utilize that land for.bike path purposes, connecting the existing path with Ocean Avenue. He pointed out that the more property -the City acquires and converts to open space park use, the more difficult it would be for the DWP to convert that land to something other than that use in the future which would require an amendment to -that Specific Plan, also that it would tend to-reduce the market value of the site. He also mentioned that this DWP land is such a high priority with the Coastal Conservancy that they appear to be willing to renegotiate the pier restaurant loan to a longer term if the City would agree to commit the .savings realized to maintenance of the Department of Water and Power land that may be acquired. By unanimous consent of the Councilmembers present, the meeting adjourned at 1:14 p.m. I Attest: Approved: I Seal Beach, California May 26, 1987 The City Council of the City of Seal-Beach met in regular session at 7:04 p.m. with Mayor Clift calling the meeting to order with the Salute to the Flag. 5-26-87 ROLL CALL Present: Mayor Clift Councilmembers Hunt, Risner, Wilson Absent: Councilman Grgas Also present: Mr. Nelson, City Manager Mr. Rudell, Assistant City Attorney Mr. Joseph, Assistant City Manager I Mr. Knight, Director of Development Services Chief Picascia, Police Department Mr. Thomas, Finance Director Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk CITY COUNCIL REORGANrZATION SELECTrON OF MAYOR Mayor Clift declared nominations open for Mayor. Councilman Hunt nominated Mrs. Wilson as Mayor, and moved to declare nominations closed. Councilmember Risner seconded the motion. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried Mrs. Wilson was -declared Mayor of the .City of Seal Beach for 1987/88 and accepted the gavel from Mr. Clift. Mayor Wilson presented-Mr. Clift .with-a City plaque in recognition.of his service to the community and its citizens during his -term as Mayor. Mayor Wilson expressed I appreciation for her selection as Mayor and read a statement outlining the goals she hoped to see accomplished for the betterment of the entire community during the upcoming year. SELECTION .OF MAYOR -PRO-TEM Mayor Wilson declared nominations open for Mayor Pro-Tem. Councilman Clift nominated Mr. Hunt as Mayor Pro-Tem, .and moved that nominations be closed. Councilmember Risner seconded the motion. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried Mr. Hunt was declared Mayor Pro-Tem of the City of Seal Beach for the year 1987/88. On behalf of .the Junior-Women's Club of Seal Beach, Councilmember Risner presented a coursage to Mayor Wilson and a boutonniere to Mr. Hunt. At the request of-Councilman Clift, four members.of the McGaugh.School Student Council, present in -the audience, were recognized and welcomed by the City Council. I AGENDA AMENDED Wilson moved, second by Risner, to amend the agenda to consider Item nFn, a Resolution commending Eagle Scout Donald Campbell, at this time. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried 5-26-87 RESOLUTION NUMBER 3691 - HONORING DONALD W. CAMPBELL. JR. - EAGLE SCOUT AWARD Resolution Number 3691 was presented to Council and read in full by Councilman Clift entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING AND COMMENDING DONALD W. CAMPBELL, JR. FOR ACHIEVING THE BOY SCOUTS OF AMERICA EAGLE AWARD.n Clift moved, second by Risner, to adopt Resolution Number 3691 as presented. I AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None - Grgas Motion carried Members of the Council extended their congratulations to Mr. Campbell. WAIVER OF FULL READING Risner moved, second by Hunt, 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: Clift, Hunt, Risner, Wilson None Grgas Motion carried PROCLAMATION Mayor Wilson proclaimed the .week of June 8th -through June 14th, 1987 as nNational Scleroderma Awareness Week.n I PUBLIC HEARING - ZONING TEXT AMENDMENT 4-87 - FENCES. WALLS. HEDGES and SCREEN PLANTINGS Mayor Wilson declared.the public -hearing open to consider amending the zoning regUlations relating to fences, walls, hedges and screen plantings. The City Clerk certified that notice of the public hearing had been advertised as required by law and reported -no communications had been .received either for or against this matter. The Director of Development Services summarized his staff report as presented at the May lIth meeting, advising that proposed ZTA 4-87 would allow the following: I) on corner lots a fence could be built up to six feet in height, located a minimum of eight feet from the -curb, the .present standard being a fifteen foot setback from the property line, 2) on lots greater than twenty-five feet in width with an alleyway to the rear, a fence could be built as close to.that property line-as five and -one-half feet, allowing suitable access and clear space for emergency vehicles, and.3) reconstruction (repair and upgrading) of nonconforming fences. In response to Council regarding placement of fences .adjacent to alleyways on lots of twenty-five feet in width versus those greater than twenty-five feet, the Director explained that on a twenty-five foot lot the garage is usually constructed at the rear setback which varies from nine to thirteen .feet depending upon the width of the alleyway, and taking into .consideration the three foot sideyard setback, there would be no additional usable area gained .by placing the fence closer to the alley, however on lots greater than twenty-five feet the proposal.to allow a fence to be placed five and one-half feet .from the property line would create some additional usable sideyard area. He explained further that on a twenty-five foot lot the fence could be flush. with .the garage if the garage setback is determined to be correct. I Mayor Wilson invited members of the audience wishing to speak to this item to come to the microphone and state their 5-26-87 name and address for the record. Mr. Bruce Stark, 204 Ocean Avenue, asked if the proposed ordinance was specifically addressed to the development of a property located at 4th Street and Marina Drive. The Director of Development Services responded that it was not. There being no further communications, Mayor Wilson declared the public hearing closed. ORDINANCE NUMBER 1242 - REGULATING FENCES. WALLS. HEDGES and SCREEN PLANTINGS I Ordinance Number 1242 was presented to Council for first reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ZONING REGULATIONS FOR FENCES, WALLS, HEDGES, AND SCREEN PLANTINGS, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH.n By unanimous consent, full reading of Ordinance Number 1242 was waived. In .the interest of .maximizing the use of private -property, particularly in the case of twenty-five foot lots, Councilman Hunt urged Council consideration of allowing fences to be located on the property line of -corner.lots. He noted that in most cases the .distance from the curb to the property-line is a minimum of. three feet, and if the regulations are approved as recommended by the Planning - Commission, the fence would be required to be located five feet onto a-property, therefore depriving the use of a considerable area. In response to Council, the Director explained that in the Hill and College Park East areas, the distance from the .curb to the property line is generally eight feet, with various distances existing in the downtown area, clarifying that the change proposed -would not .affect the -requirement for clear zones at corners and along alleyways. Hunt moved, second by Risner, to amend.proposed Ordinance Number 1242 -to read.nCorner Lots. On the side street or side alley side of a corner lot, a wall, fence, hedge or screen planting, may be located on the side property line...D. I AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None. Grgas Motion carried Councilmember Risner moved to delete proposed-subsection (a) regarding the placement of-fences on lots twenty-five feet in width, designate subsection (b) as subsection (a) to read nAlleys. On lots 25 feet or greated in width... n. .She explained that she .felt the additional.three-feet could be used for some minimum storage, a walkway, etc. Mayor Wilson seconded the motion. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried Risner moved, second by-Hunt, to approve the.introduction of Ordinance Number 1242 as amended, and that it be passed to second reading. I AYES: Clift, Hunt, Risner, Wilson NOES: None ABSENT: Grgas Motion carried RESOLUTION NUMBER 3684 - APPROVING VARIANCE 2-87 - 222 MAIN STREET -.HOWARD BRIEF Resolution Number 3684 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING VARIANCE 2-87, A REQUEST TO PERMIT THE REMODEL OF 5-26-87 A NONCONFORMING COMMERCIAL/RESIDENTIAL STRUCTURE TO A WHOLLY COMMERCIAL USE WITHOUT BRINGING THE PROPERTY INTO CONFORMANCE WITH CURRENT ZONING (222 MAIN STREET). n By unanimous consent, full reading of Resolution Number 3684 was waived. I AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried ORDINANCE NUMBER 1244 - RECREATION and PARKS COMMISSION - POWERS. DUTIES and RESPONSIBILITIES Ordinance Number 1244 was presented to Council for second reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER l6, SECTION 16-4(b) OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO THE POWERS, DUTIES AND RESPONSIBILITIES OF THE RECREATION AND PARKS COMMISSION.n By unanimous consent, full reading of Ordinance Number 1244 was waived. Risner moved, second by Clift, to adopt Ordinance Number 1244 as presented. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None. Grgas Motion carried I RESOLUTION NUMBER 3692 - 1987 TAX and REVENUE ANTICIPATION NOTES.- ISSUANCE .and SALE. Resolution Number 3692 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PROVIDING FOR THE ISSUANCE AND SALE OF ITS 1987 TAX AND REVENUE ANTICIPATION NOTES IN THE AMOUNT OF $1,850,000, APPROVING OFFICIAL STATEMENT, NOTE PURCHASE AGREEMENT AND PAYING AGENCY AGREEMENT, PLEDGING REVENUES AND ENTERING INTO CERTAIN TAX COVENANTS IN CONNECTION WITH SUCH NOTES.R By unanimous consent, full reading of Resolution Number 3692 was waived. Risner moved, second by Hunt, to adopt Resolution Number 3692 as presented. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None - Grgas Motion carried RESOLUTION NUMBER 3693 - PIPELINE FRANCHISE - STANDARD GAS COMPANY At the request of staff, action on this item was postponed pending consideration of a change of City Council meeting dates in order that a public hearing may be set for this matter. AGENDA -AMENDED Clift moved, second by Risner, to consider agenda item nIn out of order at this time. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None - Grgas Motion carried I ITEM RIn - ORDINANCE NUMBER l24S - CITY COUNCIL MEETINGS - URGENCY Ordinance Number 124S was presented to Council entitled nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE I, SECTION 2-1 OF THE CODE OF THE CITY OF SEAL BEACH, RELATING TO COUNCIL MEETINGS AND DECLARING THE URGENCY THEREOF.R By unanimous consent, full reading of Ordinance Number 124S was waived. Clift moved, .second by Hunt, to adopt Ordinance Number 124S as amended to reflect.the first.and third Monday of each month as the City Council regular meeting time. 5-26-87 AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried The City Manager pointed out that with the meeting change, the next regular meeting would fall on the following Monday, therefore the Council may wish to consider cancelling that meeting or use that date as the first budget workshop. RESOLUTION NUMBER 3693 - PIPELINE FRANCHISE - STANDARD GAS I~ COMPANY Resolution Number 3693 was presented to Council entitled RA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING ITS INTENTION TO GRANT A PIPELINE FRANCHISE TO STANDARD GAS COMPANY.n By unanimous consent, full reading of Resolution Number 3693 was waived. Risner moved, second by Wilson, to adopt Resolution Number 3693 as amended to reflect a June 15th public hearing date for this matter. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None. Grgas Motion carried RESOLUTION NUMBER 3694 - PARKING PERMIT FEE - EDISON PARK Resolution Number 3694 was presented to Council entitled nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING FEES FOR PARKING .PERMITS FOR EDISON PARK.n By unanimous consent, full reading of Resolution- Number 3694 was waived. The City Manager reviewed the staff report presented -by the Recreation Director and Resolution Number 3694 proposing a parking permit fee for residents of $5.50, $50.00 per year for non-residents, and no charge for senior citizens with garden plots. The City Manager recommended that the existing parking decal be used, which I would allow parking in any area of the City where parking stickers are utilized, and also for ease-of -administering. the program. Mayor Wilson suggested.that COllege Park West residents be allowed to obtain the stickers at no charge, the same privilege afforded .senior citizens. Councilmember Risner questioned whether or not a court would. honor the - citation of a non-resident parked at -a public park and not having a parking decal, also the degree of -enforcement that could be expected in the area of Edison -Park if this program is established.- The Assistant City Attorney advised that if the area is posted properly he would believe that the legality of enforcement would be upheld. Chief Picascia explained that -enforcement would .be handled basically as it is now, however the parking sticker would serve to identify vehicles authorized to use the parking spaces at Edison Park, where there is currently an inability to prove .whether the parking is being used by those utilizing the park facilities or by those who .are fishing. The Chief noted also that recently posted signs were stolen within two weeks. Councilman -Hunt acknowledged the problems in the area of Edison Park however expressed.his opinion that the program proposed will not be the solution. College Park West .resident Mr. Greg Weiler -stated that -numerous suggestions have been considered-to resolve -the problem of I fishermen utilizing Edison Park and its parking area, urging- that the parking sticker program be enacted, utilizing a , distinctly different colored sticker, and further, that enforcement in the area .be increased. Mr. Weiler voiced his objection to the .fee .proposed for College Park West residents, suggesting also that stickers be issued for a . period of two or three years to ease administration of the program. Councilmember Risner spoke for extending the existing parking sticker program to College Park West residents for use at -Edison Park at the current fee of $5.50. Discussion continued. Mr. John Shafer, Dolphin 5-26-87 Avenue, stated he -believed that utilizing the existing parking sticker could create problems in.the old town area with regard to parking, and suggested the stickers could be sold to College Park West residents at Edison Park on a weekend. I Councilman Clift moved to establish a $2 parking sticker fee for College Park West residents, the sticker specific to the use of the marked parking spaces at Edison Park, and avilable for purchase by any resident of the community. Mayor Wilson suggested the motion be amended to authorize issuance of the parking sticker at no cost to College Park West residents and to senior citizens with garden plots, however after further discussion concurred with the $2 fee. Councilman Hunt seconded the motion. AYES: NOES: ABSENT: Clift, Hunt, Wilson Risner Grgas Motion carried I CONSENT CALENDAR - ITEMS nKn THROUGH nOn Councilmember.Risner requested Item nKn, nM~ and nQn .removed from the Consent Calendar, .and Councilman Hunt requested Item nNn removed. Risner ~oved, second by Hunt, to approve the recommended action.for items on the Consent Calendar, except Items nK, M, Nand Qn, as presented. L. Approved -the minutes of the regular adjourned meeting of April 28, 1987. O. Approved the agreement between-the City of Seal Beach-and the Orange County Consolidated Transportation Service Agency for the Senior Nutrition Transportation Program for the term July-I, 1987 through June 30, .l988 and authorized the-City Manager to execute the agreement on behalf of the City. P. Accepted the resignation -of Mr. Walter Helin from the Civil Service Board representing . District Two, and declared a vacancy thereof. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None. Grgas Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM nKn - CITY COUNCIL MINUTES Councilmember Risner moved to .hold .over the minutes of the regular City Council meeting of April 13, 1987 for further reveiw. Councilman Clift seconded the motion. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried I ITEM nLn - DEMANDS ON THE TREASURY Councilmember Risner requested that a more readable printout of the demands be provided-the Council. Risner moved, second by Clift, to approve regular demands numbered 64920 through 65115.in the amount of $II5,597.44, and payroll demands numbered 25462 through 25618 in the amount of $I58,112.10 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried 5-26-87 ITEM nNn - RED CAR MUSEUM - CHAIN RAIL INSTALLATION The City Manager referred to the request of the Historical Society to install a protective decorative rail around the Red Car in order to discourage access and potential for injury during times when the Car is not open, the installation to be accomplished through the use of City labor and materials, the cost estimated to be approximately $1,000. Councilman Hunt spoke in opposition to considering such expenditures other than during budget considerations, I noting specifically the number of worthwhile items that have already been eliminated from the upcoming budget, also stating he did not feel the chain railing would accomplish the goal of keeping people off of the Red Car, and pointed out that the fencing could create a proprietary effect and deprive future displays in the area. Mayor Wilson-added that the fence could create a potential for children being injured while playing on it, and Councilmember Risner pointed out that although this is a fund raising organization there was no indication of their financial participation in this project. Charles Antos, 14th Street, suggested that the City should.amend the Right-of-Way Specific Plan to address the existance of the-Red Car and that a coastal permit should be obtained for this and any future work that may be proposed on that land. Barbara Rountree, 316 - 13th Street, advised the Council that she had asked that this request be removed from consideration. Risner moved, second by Hunt, to remove this matter from consideration. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried I The Council, by unanimous consent, declared a recess at 8:29 p.m. and reconvened at 8:45 p.m. with Mayor Wilson calling the meeting to order. Hunt moved, second by Risner, to reconsider agenda item nJn, Edison Park parking stickers. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried PARKING STICKER PROGRAM - EDISON PARK Hunt moved, second by Risner, to amend the previous action to allow existing Seal Beach and .Leisure World parking stickers to be recognized for parking purposes at Edison Park. The City Manager advised that the Police Department would administer the parking sticker program. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried ITEM nOn._ CITYLINK AGREEMENT Councilmember Risner indicated her support for this .League of Cities sponsored.telecommunications network, however. requested that the.cost of the program be transferred from the City Council budget to the City Manager's budget. Risner moved, second by Wilson, to approve the agreement with Capitol.Information -Management and authorize the City Manager to execute the agreement on behalf of the City. I AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried 5-26-87 I DEPARTMENT OF WATER and POWER PROPERTY - INTERIM USE The City Manager advised that this matter was referred to the Department of Water and Power Advisory Committee for consideration as had been directed. The Director of Development Services noted that-a great -deal of activity has recently taken place at the site, the power plant foundations being broken up, the asbestos discovered having been removed, with.grading of the site nearing completion. He explained that the Department of Water and Power approached the City offering a license on the southerly portion of the site, .the staff reviewed the proposal and recommended .acquiring the approximate 2.2 acres, the proposal also having been reviewed by the DWP Committee. He reported that the Committee prepared eight recommendations to the Council as follows: I-a) -that the City seek to lease or license the full 70% for park purposes as called for in the Specific Plan, I-b). that an incremental approach to park development be used, working towards full development of the 70% park as funds become available, 2) that the .committee favors a lease over a-license with a term of seven to ten years, 3) if a license is the only possible approach, that it have an expiration date no less than ninety days, 4) that DWP retain all underlying liability whether leased or licensed,S) that the City seek all sources of funding for development and maintenance, specifically excluding the use of General City Funds, that Redevelopment Agency funds should be considered as the property lies within Agency boundaries, 6) ,that the Agency should be -the licensing or leasing agent of the.70% DWP park property rather than the City, 7) that the City-seek funds from the Coastal Conservancy to help develop the site, -and 8) that the City seek to renew the County grant for development of the site. In response to Councilman Clift, Mr. -Gordon Shanks, Chairman of the DWP Advisory Committee, -advised that-the liability provision .was included in response to Committee.concerns that asbestos has only ,been clarified to four and one-half feet, even though it is clearly understood that the Department of Water.and Power could not pass the liability to the City unless the City were to accept same. Councilman Hunt referred to the Committee's funding. source recommendation and -although the Redevelopment Agency would be the logical source of funds, he stated he felt quite certain that those funds are committed for some years to come. Mr. Shanks.stated that the Agency was -included due to the potential future revenue that would be forthcoming from the Mola Development, a portion of that property within Agency boundaries, however the key source of funds may be the Coastal Conservancy who have placed this site as a high priority, noting that a ,possibility has been mentioned that the pier loan repayments could be renegotiated with any savings redirected to maintenance of the DWP site. The City Manager confirmed that all Agency funds are committed to that body's debt -service and administration .of .the Agency, noting that any revenue. from the Mola Development will not be realized for a long period of time, and-should the City accept the .DWP proposal at this time the General Fund would have to advance any -funds necessary. Councilmember Risner questioned-whether or not the-City would want to license the 2.2 acres given.the possibility of additional asbestos finds and the liability that could be imposed-on the City. She noted that the proposed-license includes the right-of-way for entrance into the beach parking lot, which the City has had under license -for many years and under which -proprietary rights have been established, and expressed her opposition to that portion of land being included in.the proposed license. She pointed out that the existing Specific Plan designates the seventy/thirty percent land use, a condition I I 5-26-87 that any developer of the site will be required to address, and at that time modifications to the Plan -could be considered. Discussion -continued regarding the original funding sources that were considered for the parksite, many of -which -no longer exist. Mayor Wilson noted that if a portion of the site were developed for park purposes at this time, the DWP may further delay the full development of the site. Councilman Clift-suggested that the proposal of the DWP should not be -rejected, that they should be advised of the City's interest, however .the City should be held I har.mless in all ways relating to asbestos on this site., The Assistant City Attorney explained that the type of agreement negotiated, whether it be license or lease, would greatly determine the type and degree of indemnification that would be provided the-City, however it would be foreseeable that- both pUblic agencies would attempt to transfer liability to the other. Mrs. Risner indicated she would be unwilling to accept the proposal until testing of the site proves that there are no health hazards. Councilman Hunt inquired of Mr. Shanks, -if there were an absolute assurance .from the Department of Water and Power that they would develop seventy percent of this land as ,park at the time development of the property is to .take place, would he be willing to forego the interim passive park. Mr. Shanks replied in the affirmative. After further discussion, Risner moved, second by Hunt, to continue this matter, and direct that it be placed on the next Redevelopment Agency agenda. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried I REPORT - PROPOSED TREE PRESERVATION.ORDINANCE The.Director of Development Services stated that pursuant to Council request, -thirteen jurisdictions were surveyed with regard to tree preservation policies, and presented the staff's report and conclusion relating to same. Councilmember Risner moved to refer this matter to the Environmental.Quality-Cont~ol.Board for evaluation, directing specific attention to windrows and .heritage trees in Seal Beach, that the-EQCB be designated as the monitoring agency should an -ordinance .be developed, -and that a report be forthcoming to the Council within thirty days. Councilman Hunt seconded the motion. Councilman Clift suggested that the motion be amended to request a report . within a more practical time frame of sixty days. Members of the Council concurred with the suggested amendment. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None - Grgas Motion carried 1987/88 PROPOSED FISCAL.YEAR BUDGET. The City Manager-noted that the Council.had been.provided . copies of the proposed 1987/88 fiscal year budget, -requested I Council action to establish a fee to provide the .public copies of same, and that dates for budget workshops be _ established. Clift -moved,. second -by Risner, .to establish a fee of $10.00 for copies of the proposed budget. AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried 5-26-87 By unanimous consent of the Councilmembers present, Tuesday, June 9th, Thursday, June 18th, Tuesday, June 23rd, and if necessary, Monday, June 29th at 6:30 p.m. were established as dates for budget workshop sessions, the public hearing to be noticed for Monday, June l5th. Risner moved, second by Clift, to cancel the regularly scheduled meeting of June lst. I AYES: NOES: ABSENT: Clift, Hunt, Risner, Wilson None Grgas Motion carried Mayor Wilson requested that the members of the-Friends of the Animal Care Center reserve their comments until Oral Communications. I ZOETER UPDATE The City Manager reported that it is presently anticipated that a lease and development acquisition scheme for parcel -An of the Zoeter School-site will be before the Council for consideration .by June 15th. - He noted however that an . asbestos concern remains, that it is felt that there is asbestos in the building which will necessitate retaining the services of a consultant to determine the-cost of its removal, and should .the cost of removal be too great the potential partner most likely will not be interested in pursuing the acquisition .further. . Discussion followed regarding the possible cost to remove the asbestos, as well as financial participation by the School District. The City Manager pointed out that the Council had given-direction for him to develop an acquisition scheme for the subject - property-without increasing taxes, establishing assessment districts or the sale of any-fixed asset, while retaining the Mary Zoeter building, also to take whatever -actions necessary in the negotiation process within certain. constraints, such as the expenditure of funds not to exceed $5,000. CITY COUNCIL ITEMS . - - As the City's representative to Sanitation District Number Three, Councilman Clift reported the.Board was -recently informed of to the.status of.District Three's operating and capital funds .and the outlook for the next ten year period. He explained that -for many years District Three has been holding to a charge of $250.connection fee for new dwelling unit construction and $50 per one thousand square feet of commercial, industrial or govenmental structures, where other Districts have been .charging up to $15oo per dwelling unit for a number of years and have also had a.supplemental user fee. He advised that a District staff study pointed out that if the fees are not .increased over the next two years and a supplemental -user fee established, the District will find itself in serious.financial difficulty. Mr. Clift stated that it has been proposed that the supplemental fee commence in 1988/89 at $26.40 per.dwelling unit and placed on the property tax roll, and that the $250 connection fee per dwelling unit be raised -to $IOOO initially and in two years from that time increased to $I5oo. He -advised that he wanted to inform.the members of the Council of this situation, as some action on this matter will-be -mandatory in order to maintain fiscal solvency of Sanitation District Three. I ORAL-COMMUNICATIONS Mayor Wilson declared Oral Communications open. Mr. Bruce Stark, 204 Ocean Avenue, asked what is being done to protect persons residing in the immediate area from the asbestos 5-26-87 / 6-1-87 that has been found-on the Department of Water and Power site, inquired why the City has not notified residents of the activities taking place on that property, and reported he had contacted the Health Department to require that the property be kept watered down to alleviate the dust. The City Manager advised that it was his understanding that DWP personnel had delivered a notice of their activities to each residence on and in the vicinity First Street. -Ms. Cheryl Watson, 96-A, Surfside, representing the Friends of the Seal Beach Animal Care Center, requested that their' organization I be permitted to address the Council at the budget work session scheduled for June 9th. In response to a member of the Council, she advised that Dr. Gelb of Sunset Beach has stated that he would .withdraw the funds he has donated towards the Center.as well as his pledge if the City is unwilling to assist or commit the funding requested for construction of the curb, gutter and gas.connection to the Center.- -Ms. Betti Derivas, FSBACC Treasurer, reported that their organization has raised approximately $21,OOO to date from various fund raising activities, and in addition they have received a $15,000 donation and pledge of $33,000 from Dr. Gelb, which-provides the total funding necessary to build the structure, the parking lot and landscaping. The Council recommended that the Friends present their .funding request .to the Council at the formal public hearing to be scheduled for June-15th. -There being no.further communications, Mayor Wilson declared Oral Communications closed. CLOSED.SESSION, The City Manager advised that a Closed Session was not necessary. ADJOURNMENT Risner moved, second by Clift, to adjourn the meeting at 10:00 p.m. I AYES: NOES: ABSENT: Hunt, Risner, Wilson Attest: ~OT~CE OF CANCELLED AND ADJOURNED MEETING NOTICE IS HEREBY GIVEN that the regular City Council meeting I of Monday, June 1, 1987 is hereby cancelled and adjourned until Tuesday, June 9, 1987 at 6:30 p.m. for a Budget Work- shop. The next regular meeting will be held on Monday, June 15th at 7:00 p.m. D this 1st day of June, 1987.