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HomeMy WebLinkAboutItem Bof sea<e\ :y f9n� V Z, AGENDA STAFF REPORT ��UFORN�P DATE: September 25, 2017 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Robin L. Roberts, City Clerk SUBJECT: APPROVAL OF CITY COUNCIL MINUTES SUMMARY OF REQUEST: That the City Council approve the minutes of the Closed Session /Regular City Council meeting held on September 11, 2017. BACKGROUND AND ANALYSIS: This section does not apply to this item. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. RECOMMENDATION: That the City Council approve the minutes of the Closed Session /Regular City Council meeting held on September 11, 2017. SUBMITTED BY: NOTED AND APPROVED: Robin L. Roberts, City Clerk R. Ingram, City K a ager Agenda item B 1 Attachment "A" Seal Beach, California, September 11, 2017 The City Council met in a Closed Session at 5:03 p.m. in the City Hall Conference Room. ROLL CALL Present: Mayor Massa -Lavitt Council Members: Deaton, Moore, Sustarsic, Varipapa Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Victoria L.' Beatley, Director of Finance /City Treasurer Robin L. Roberts, City Clerk ORAL COMMUNICATIONS Mayor Massa -Lavitt opened oral communications. Speakers: None. There being no requests to speak, Mayor Massa -Lavitt closed oral communications. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR Government Code §54957.6 City Negotiator(s): City Manager / Assistant City Manager Employee Organization(s): Mid - Management & Confidential (Unrepresented) Orange County Employees Association (OCEA) Department Head Contracts City Manager Contract Seal Beach Supervisors & Professionals Association (SBSPA) Police Officers Association (POA) Police Management Association (PMA) Seal Beach Marine Safety Management Association (SBMSMA) B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code §54957(b) Title: City Manager C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code §54956.8 Property: 15 1St Street, Seal Beach, CA 90740 Agency Negotiators: City Manager, Interim Community Development Director, Finance Director and Mohammed Baghadi, Westridge Commercial Inc. and James Lehigh, CBRE Negotiating Parties: City of Seal Beach; others unknown at this time Under Negotiations: Price and terms ADJOURNMENT Mayor Massa -Lavitt adjourned the Special Closed Session meeting at 5:55 p.m. Approved: Attested: Sandra Massa - Lavitt, Mayor Robin L. Roberts, City Clerk Robin L. Roberts, City Clerk City of Seal Beach Seal Beach, California September 11, 2017 The City Council met in a Special Workshop at 5:05 p.m. in the City Hall Council Chambers. COUNCIL ROLL CALL Present: Mayor Massa -Lavitt Council Members: Deaton, Moore, Sustarsic, Varipapa Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Joe Miller, Seal Beach Police Department Chief Joe Bailey, Marine Safety /Lifeguard Victoria L. Beatley, Director of Finance /City Treasurer Steven Fowler, Assistant Planner Michael Ho, Deputy Director of Public Works /City Engineer Crystal Landavazo, Interim Community Development Director Robin L. Roberts, City Clerk ORAL COMMUNICATIONS Mayor Massa -Lavitt opened oral communications. Speakers: None. There being no requests to speak, Mayor Massa -Lavitt closed oral communications. WORKSHOP A. Elected Officials Emergency Training Sergeant Michael Henderson gave a PowerPoint presentation titled Seal Beach Police Department Emergency Operation Training. Sgt. Henderson discussed the following topics: National and State Emergency Operations Systems; discussion on the various incidents including fires, natural disaster, disease outbreaks, search and rescue, hazardous material spills, crime scenes, terrorist incidents and large security or planned events; standard procedures followed through the Incident Command System (ICS); Emergency Operations Plan including the description of roles and responsibility of each role within the ICS; resource management, support and training exercises; and the importance of leadership and consistent communications during an incident. There was general discussion regarding the training information during the presentation. ADJOURNMENT Seal Beach, California September 11, 2017 The City Council met in regular session at 7:01 p.m. in the City Council Chambers. The Seal Beach Honor Guard presented the flag in remembrance of the attacks on September 11, 2001, and Mayor Massa -Lavitt led the Pledge of Allegiance. ROLL CALL Present: Mayor Massa -Lavitt Council Members: Deaton, Moore, Sustarsic, Varipapa Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Chief Joe Miller, Seal Beach Police Department Chief Joe Bailey, Marine Safety /Lifeguard Victoria L. Beatley, Director of Finance /City Treasurer Steven Fowler, Assistant Planner Michael Ho, Deputy Director of Public Works /City Engineer Crystal Landavazo, Interim Community Development Director Robin L. Roberts, City Clerk APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES City Clerk Roberts read into the record that the following items were received after the posting of the agenda: on September 7th, correspondence from James D. Ruth, Adele Brown, Pat Kearns, James Wethe, Nita Woolston, and Julie Wickser regarding Item I; on September 8th, correspondence from Elena Contreras, E. Dabney Howe and Sonja Howe regarding Item I; on September 11th, correspondence from Stephen Wontrobski regarding Item A; correspondence from City Manager Ingram regarding questions on Item G; correspondence from Gary Miller regarding Item I; correspondence from Robert Goldberg regarding Items B, D, F, and H; additional communications from City Manager Ingram regarding Item I; correspondence from Eric Douphner, Joe McGlinchey, Gary Gumbert, Karen Schultze, Denis Bilodeau, Doug and Margaret Majsa, Lelisa Balderam, Alan McAuley, and Michael Norton regarding Item I. PRESENTATIONS /RECOGNITIONS Memorial of Captain Mathew Patrick Manoukian of the USMC Alzheimer's Orange County Proclamation National Preparedness Month September 2017 Orange County Transportation Agency - 1 -405 Project/Notice to Proceed 2 ORAL COMMUNICATIONS Mayor Massa -Lavitt opened oral communications. Speakers: Donald Shoemaker, Pastor Emeritus of Grace Community Church, spoke on the importance of civility from both political leaders and citizens. Seth Eaker spoke about the Arts and Crafts Faire, recognized the Honor Guard, echoed Pastor Shoemaker's comments on civility, and noted that the Lions Club would take over certain events for Memorial Day and Veterans Day. Pia Hirsch requested testing for the City's drinking water, and a ban on single -use plastics in Seal Beach restaurants. Robert Goldberg spoke regarding Items B and F. Joyce Parque spoke regarding various city matters. There being no further requests to speak, Mayor Massa -Lavitt closed oral communications. CITY ATTORNEY REPORT City Attorney Steele indicated that the City Council met in Closed Session and considered Items A and B, taking no reportable action on either item, and noting that Item C was pulled from the agenda. CITY MANAGER REPORT There were no items to report. COUNCIL COMMENTS Council Member Moore stated he took a tour with Marine Safety Chief Joe Bailey, attended the Leisure World Expo, and visited the Seal Beach Arts and Crafts Faire. He recognized the Lions Club and Jessica Jacobs for their efforts in planning the event. Council Member Sustarsic stated her attendance at the Arts and Crafts Faire, and thanked Jessica Jacobs and the Lions Club for their efforts in planning this event and the Summer Send -Off. She stated her attendance at the Seal Beach Parking Town Hall, and at a tour of a submarine for Fleet Week. She announced that there will be an update on the small dog park at the Recreation and Parks Commission meeting on September 27th, and noted the grand opening of a public trail at the Los Cerritos Wetlands on September 30th. Council Member Deaton stated her attendance at the Arts and Crafts Faire and thanked those who worked on the event. She also encouraged attendance at the Annual Beach Cleanup next week. Council Member Varipapa stated his attendance at the Leisure World Expo, the Arts and Crafts Faire, and the September 11th Memorial at McGaugh Elementary School. Mayor Massa -Lavitt stated her attendance at the Leisure World Expo and discussed the potential for autonomous buses at Leisure World. COUNCIL ITEMS A. Letter of Support Regarding the Reinstatement of an "Operational Area Fire /Law Memorandum of Understanding" (MOU) and "Orange County Aviation Operating Plan" (Operating Plan) pertaining to the Orange County Fire Authority and Orange County Sheriff's Department Air Operations - Authorize the Mayor to execute a letter of support to reinstate the "Operational Area Fire /Law Memorandum of Understanding" (MOU) and the "Orange County Aviation Operating Plan" (Operating Plan) approved on March 15, 2016, by the Orange County Board of Supervisors — pertaining to the Orange County Fire Authority and Orange County Sheriff's Department air operations. Council Member Deaton stated that the Memorandum of Understanding in place between the Orange County Fire Authority and Orange County Sheriff's Department has not been honored, and requested that the Council send a letter to the Orange County Board of Supervisors asking them to reinstate the existing MOU and ensure enforcement until there is a new MOU agreed upon by all parties. Deaton moved, second by Varipapa, to authorize the Mayor to execute a letter of support to reinstate the "Operational Area Fire /Law Memorandum of Understanding" (MOU) and the "Orange County Aviation Operating Plan" (Operating Plan) approved on March 15, 2016, by the Orange County Board of Supervisors — pertaining to the Orange County Fire Authority and Orange County Sheriff's Department air operations. AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried B. Establishment of a Seal Beach Citizen - Council Fire Services Ad Hoc Advisory Committee - Adopt Resolution No. 6763 establishing a Seal Beach Citizen - Council Fire Services Advisory Committee. City Manager Ingram noted that Item B was undertaken at the direction of Mayor Massa - Lavitt. City Clerk Roberts provided an overview of the Committee's purpose and appointment guidelines, as listed in Resolution 6763. Council Member Deaton requested that a member of the City's Finance Department and a member of the Seal Beach Police or Marine Safety Departments be made part of the Committee. City Manager Ingram stated that Section 4 of the resolution appears to allow for City Staff to provide support to the Committee. Council Member Deaton then requested that the word "designee" be changed to "designees" in Section 4, with the understanding that a Police or Marine Safety employee and a Finance Department employee be part of the Committee. She also requested that the portion of Section 2 which reads "fire and emergency medical services" be revised to read "fire or emergency medical services." Deaton moved, second by Moore, to adopt Resolution No. 6763 establishing a Seal Beach Citizen - Council Fire Services Advisory Ad Hoc Committee. AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried CONSENT CALENDAR Varipapa moved, second by Sustarsic, to approve the recommended actions on the Consent Calendar, noting that Varipapa abstained from Item C. (Varipapa Abstained) C. Regular City Council meeting August 14, 2017 minutes — Approve by minute order. D. Demands on City Treasury (Fiscal Year 2017) —August 14, 2017 — Ratification. E. Monthly Investment Report — July 2017 — Receive and file. F. City of Seal Beach Emergency Operations Plan (EOP)- Adopt Resolution No. 6764 adopting the September 2017 City of Seal Beach Emergency Operations Plan (EOP) and authorizing the City Manager to submit the EOP to the State of California Office of Emergency Services by December 31, 2017. G. Authorize the City Manager to execute a Construction Contract with EBS General Engineering for the 2017 Annual Concrete Repair Program Project CIP No. ST1704 - Adopt Resolution No. 6765 awarding a construction contract to EBS General Engineering in the amount of $48,450; authorizing the City Manager to execute on behalf of the City; authorizing the City Manager to approve contract change orders not to exceed a total of $5,000; and, approving Budget Amendment No. BA18 -03 -01 allocating additional State Gas Tax Funds in the amount of $5,000 to 2017 Annual Concrete Repair Program Project No. ST1704. H. Fiscal Year 2017 -18 Fleet Replacement - Adopt Resolution No. 6766 approving Budget Amendment No. 18 -03 -02 for $10,300; authorizing the purchase of two replacement vehicles and equipment for the City's fleet at a total of $126,573.91, in accordance with the breakdown set out in this staff report, pursuant to Seal Beach Municipal Code Section 3.20.025(8); authorizing the City Manager to approve purchase orders for the new vehicles, equipment and payment of all State taxes and fees required for delivery for vehicle and equipment purchases; and, authorizing the City Manager to surplus existing vehicles and equipment upon the completion of the new vehicle and equipment purchase and retrofitting. AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: Varipapa (Item C only) Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR None PUBLIC HEARING I. Public Hearing regarding Conditional Use Permit (CUP) 16 -7, an Appeal of the Planning Commission's Denial of CUP 16 -7 and the Planning Commission Approval of an associated Final Environmental Impact Report (EIR) to Construct a 37,000 Sq. Ft. Fitness Club (Fitness Center) at 12411 Seal Beach Boulevard - Hold a de novo hearing regarding the Final EIR and CUP 16 -7 and after considering all evidence and testimony presented, adopt Resolution No. 6767 to deny the appeal and approve certification of the Final EIR, and adopt Resolution No. 6768 granting the appeal and approving CUP 16 -7, to construct and operate a 37,000 square foot fitness club at an existing shopping center at 12411 Seal Beach Boulevard within the Commercial General (CG) zoning area. City Attorney Steele explained the procedure for the public hearing appellants would each have 30 minutes to present. Public comments would then occur and speakers will be allowed three minutes. The appellants would then be allowed five minutes each for rebuttal after speakers have concluded. Assistant Planner Fowler presented a comprehensive staff report. Deputy Director Ho discussed the Institute of Transportation Engineers (ITE) manual. Laura Stetson of MIG provided a report regarding the Environmental Impact Report (EIR), its main purpose, potentially significant impacts analyzed, mitigation measures, and final EIR conclusions. Assistant Planner Fowler discussed the topics of crime, compatibility and parking as they relate to the project. Council Member Moore requested clarification on the source for the estimated trip number of 1,200. John Dorado of Advantec Consulting explained how Average Daily Trips were calculated based on the ITE manual. Council Member Moore asked where specific samples were obtained. Mr. Dorado responded that the samples were conducted at locations in California, Connecticut, New Jersey, Pennsylvania and Vermont. Council Member Moore asked if the number of residents in the areas studied matched the number of residents in the proposed project area. Mr. Dorado responded that the number varies per location, but that the average is used to determine trip generation rates. Council Member Moore asked about number of daily visitors at local LA Fitness sites. City Attorney Steele clarified that this question should be directed to LA Fitness. Council Member Moore asked for clarification on how measurements for this particular project site were done, to which Mr. Dorado provided clarification. Mr. Dorado clarified for Council Member Sustarsic that a "peak trip" is a round trip, not a one -way trip. Council Member Deaton requested confirmation that the ITE manual is used for all projects in the city, and was not isolated to this particular project. Mr. Dorado confirmed this, and also clarified that "peak times" are determined by an industry standard. Council Member Deaton stated that she felt school end -times were not considered by the traffic studies. She asked if the reason for using industry standard times was to keep the study "uniform and scientific," to which Mr. Dorado replied that it was. Laura Stetson, MIG consultant, clarified that peak times specific to the City were indeed studied, and that traffic counts were taken during the school periods. She noted that those counts were still lower than peak periods, and therefore were not specifically studied because they were not the worst traffic times. Deputy Director Ho provided clarification regarding satisfactory street level of service (LOS) grades. Interim Director Landavazo provided clarification to regarding mitigation measures and requirements in the EIR. Council Member Deaton confirmed with Assistant Planner Fowler that crime was not discussed in the EIR because it was not a CEQA requirement, but that it was evaluated separately by Seal Beach Police. Mr. Dorado confirmed for Mayor Pro Tern Varipapa that the 2009 ITE manual is the latest available. Mayor Pro Tern Varipapa asked for an example of a "significant unavoidable impact." City Attorney Steele provided examples and clarification. Mayor Pro Tem Varipapa stated that he feels the hours in the study covered main school pick- up and drop -off hours. Council Member Moore asked how it was determined that 10% of traffic would use Montecito Drive. Assistant Planner Fowler explained that it was determined using industry standards and the ITE manual. Mr. Dorado clarified for Council Member Moore that Montecito Drive is akin to a "secondary street' when measured against Seal Beach standards. Ms. Stetson clarified for Mayor Massa -Lavitt that Montecito Drive was designed with a capacity of approximately 27,000 trips per day and its current volume is 5,000 -6,500 trips per day; it is therefore operating under its design capacity on the basis of Average Daily Trips. Ms. Stetson clarified the meaning of "significance" as it pertains to CEQA guidelines when determining "significant impact." Ms. Stetson then clarified various figures provided in the traffic report. Considering the late hour, Mayor Massa -Lavitt allowed for children who wished to speak at the Public Hearing to do so before the appellant's presentation. Isla Burnes spoke in opposition to staff recommendations. Jessica Bae spoke in opposition to staff recommendations. Rebecca Alley, appellant and speaker on behalf of the Coalition Against LA Fitness ( CALAF), appellant, stated that CALAF has collected over 1,800 signatures on a petition opposing the project. She noted CALAF's concerns about projected trip counts that utilized ITE manual standards and stated that CALAF volunteers had conducted their own trip counts at other LA Fitness facilities. She contended that under - counting makes the EIR "fatally flawed," and that it does not address safety and traffic impacts on neighborhood streets. She then noted that Attorney Barry Ross has been retained to represent CALAF. She commented that the EIR lacked adequate discussion of alternative uses and so denies the governing body the ability to evaluate other proposals. Ms. Alley then spoke regarding traffic safety, specifically as it relates to the Rossmoor Park condominiums. She commented that the traffic study fails to adequately address safety impacts to the condominiums' exit onto Rossmoor Center way as required by CEQA, and that the condominium exit gate is already a hazard. She stated that adding the fitness center traffic would create a right- turn -only exit for condominium residents, thereby inflicting an undisclosed "significant impact." She stated that the appellants request that City Council reject the certification of the EIR and deny the CUP request. She also requested that City Council direct staff to order a new EIR including a "proper traffic study" and "correcting the many deficiencies" perceived by CALAF. Leland Jay, Rossmoor resident, spoke regarding trip routing. Using Home Goods as a surrogate site, Mr. Jay contended that Google Maps and MapQuest will route drivers through neighborhood streets to reach the health club. Tony Demarco, Rossmoor resident, spoke regarding the noise study in the EIR. He stated that he feels the noise study was predicated on faulty traffic assessments, contained errors in the analysis of outside noise impact on adjacent residential areas, and that the Seal Beach site will be amongst the worst due to proximity to residences. Melissa Knievel, Seal Beach resident, stated that she feels the proposed project site is too close to residents who will feel the "cumulative effects" of health club operating hours. She compared the project site to other LA Fitness sites, stating that per CALAF's research, other sites are generally located facing a freeway or main thoroughfare, are situated in large urban retail centers, and do not use residential streets as primary access points. Vanessa Widener, Rossmoor resident, spoke regarding required findings for issuance of a Conditional Use Permit (CUP). She commented that the project does not meet Findings numbers 4 and 5, citing concerns about the hours of operation, noise, traffic and crime. Marty Potts, applicant and appellant for the denial of CUP16 -7, requested that the City Council uphold the prior approval of the EIR by the Planning Commission, and approve the CUP. Mr. Potts stated that the property will be developed in the future, whether as a health club or as an alternative use. Mr. Potts noted that though it was not the obligation of the Shops at Rossmoor (the Shops), the Shops are willing to allow overnight resident use of its parking lot for an extended period of three (3) years, pending CUP approval by the City Council, with a maximum use of 50 vehicles by permit issuance of the Shops, expiring September 30, 2020. The applicant also stated that the developer offered to build a police substation in the project area, to address the concerns of some community members regarding perceived potential increases in crime. Mr. Potts noted some economic considerations of the project: $600,000 in street improvements, $325,000 in fees to be paid to the City, $20,000 in fees to go to local schools, and job creation. Mr. Potts contended that as consumer habits continue to shift away from brick and mortar stores, "intern et- resistant" developments like health clubs can drive foot traffic to the Shops. In regards to the traffic impact analysis, Mr. Potts stated that claims that the County of Orange had not approved the traffic analysis were inaccurate, and that Orange County Public Works had previously stated that all concerns had been addressed. Mr. Potts expounded on the issue of club membership numbers versus Average Daily Trip (ADT) figures. He discussed the benefits of the proposed extension of the left -turn lane at Seal Beach Blvd. and the widening of Rossmoor Center Way. Mr. Potts spoke to concerns about the noise assessment, noting that the ambient noise measured at the project site was greater than the level of additional estimated noise from the project. Regarding land use compatibility, Mr. Potts stated that health clubs are conditionally permitted in the Shop's zoning designation, per the City's zoning code. Mr. Potts disclosed that LA Fitness is no longer part of the project, as the company believes its involvement in this process has tarnished its corporate brand. Mr. Potts also noted that landscaping buffers can be added in current parking stalls along the western property line and along the side of the health club. Mayor Massa -Lavitt opened the Public Hearing. Speakers: Patty Campbell spoke in opposition to staff recommendations to uphold approval of the EIR and overturn the denial of the CUP. Thomas Riley, of 12466 Montecito Road, spoke in support of developing the health facility. Kevin Pearce, Rossmoor resident, spoke in opposition to staff recommendations. Tracy Pearce, Rossmoor resident, spoke in opposition to staff recommendations. Helen Aarons, Seal Beach resident, spoke in support of staff recommendations. Kyle and Brianna Surion, Rossmoor residents, spoke in support of staff recommendations. City Attorney Steele clarified for City Council that Council Members must vote by 11:59pm on whether to extend the meeting beyond midnight. Maria Georgakopoulos, Rossmoor resident, spoke regarding safety concerns. Doug Caraso, Seal Beach resident, spoke in opposition to staff recommendations. Craig Maunders, Seal Beach resident, spoke in opposition to staff recommendations. Anea Ostrich, Seal Beach resident, spoke in opposition to staff recommendations. Bob Seger, Rossmoor resident, spoke regarding landscaping in the project area. Susan Taylor, Rossmoor resident, spoke in opposition to staff recommendations. Ron Meyer, Rossmoor resident, spoke in opposition to staff recommendations. Betty High, Seal Beach resident, spoke in support of staff recommendations. Sherri Watouski, Rossmoor resident, spoke in opposition to staff recommendations. Ned Bryant spoke in opposition to staff recommendations, and requested a new EIR. Beth Pyburn, Seal Beach resident, spoke in opposition to staff recommendations. David Manning, Rossmoor resident, spoke in opposition to staff recommendations. Tom Fontac spoke in support of staff recommendations. Zoe Hagman, Rossmoor resident, spoke in opposition to staff recommendations. Steve Havens, Rossmoor resident, spoke in opposition to staff recommendations. An unnamed person spoke in opposition to staff recommendations. Luisa Valderrama spoke in opposition to staff recommendations. Beverly Houghton, Rossmoor resident, spoke in opposition to staff recommendations. Robin Yan, Rossmoor resident, spoke in opposition to staff recommendations. Nathan Sorrels, Rossmoor resident, spoke in support of staff recommendations. Moe Mohanna, Rossmoor resident, spoke in opposition to staff recommendations. Mark Menigman, Rossmoor resident, spoke in opposition to staff recommendations. Craig Sandburg, Rossmoor resident, spoke in opposition to staff recommendations. Council Member Deaton moved, second by Moore, to extend the meeting beyond midnight. AYES: Massa - Lavitt, Varipapa, Deaton, Moore, Sustarsic NOES: None ABSENT: None ABSTAIN: None Motion carried City Attorney Steele explained that Council Members should disclose if they have gathered any information outside of the Public Hearing that would influence their vote on Item I. Council Member Sustarsic stated that she had a meeting with the developer, owner, City Manager Ingram, and Council Member Moore. She stated she received 182 emails, several letters, some phone calls and spoke with people on both sides of the issue. She attended a relevant EQCB meeting, watched a relevant Planning Commission meeting, visited the proposed project site, and visited the parking lots of an LA Fitness in Garden Grove and in Long Beach and the parking lot of a 24 Hour Fitness. She stated she also had a meeting with one other Council Member. Council Member Deaton had one call from a Leisure World resident asking her to vote to approve the project, and one call from a Rossmoor resident asking her to vote to deny the project. She stated she had a meeting with City Manager Ingram and Marty Potts. She also had a phone call from Larry Lazar, and stated there was no information gathered from any of these communications that has not been released during the Public Hearing. Council Member Deaton stated that she had also visited the proposed project site and drove around the area. Mayor Pro Tern Varipapa had a number of emails and letters. He had no phone calls or in- person meetings regarding the project. He stated that he visited the site a number of times, as well as several other LA Fitness sites. Council Member Moore met with neighbors on an individual basis who both support and oppose the project. He met with the developer twice, and visited the location several times. He stated that the other information reviewed is public information that has already been discussed. Mayor Massa -Lavitt met with Marty Potts, but did not disclose to him her position on the project. She stated that she received over 200 emails regarding the project. Moe Mohanna was given five minutes to provide rebuttal on behalf of the appellant to the EIR approval, and was also available to answer questions from Council. Mayor Massa -Lavitt stated that she found the EIR to be adequate to sustain approval. Moe Mohanna stated that the Coalition is willing to work with the land owner /developer to find an acceptable development that works for both the community and owner. Marty Potts was given five minutes to provide rebuttal and was also available to answer questions from Council. Council Member Moore asked Mr. Potts to discuss the issue regarding delivery trucks for the Shops. Mr. Potts responded that operationally it presents a challenge, but that ticketing trucks who park on Rossmoor Center Way can be an effective deterrent, and that trucks will find a location to park in the shopping center itself if necessary. Council Member Moore asked if the existing trees in the parking lot would be removed. Mr. Potts explained that it is the intention to keep those trees. Council Member Moore asked about alternatives. Laura Stetson of MIG replied that the EIR includes a discussion of multiple alternatives, including alternative uses of the site. Ms. Stetson noted that there was a challenge in trying to define alternatives to the project, as CEQA states that you are to look at alternatives that can either reduce or not result in unavoidable significant impacts. She stated that, as there are no unavoidable significant impacts associated with this project, the list of alternatives is narrow. Council Member Moore asked about the handling of the letter from Orange County Public Works. Johnson Lu from LSA responded to the question, noting that it seemed the letter was somewhat misrepresented during the Public Hearing. He quoted the letter itself as asking the recipient to "ascertain the Average Daily Traffic" (ADT) of other LA Fitness facilities. He noted that when he spoke with the agency directly, they confirmed that they were only concerned with the Average Daily Traffic, and that the existing peak hour analysis and rates were acceptable. He also noted that they compared rates to those in San Diego County, which had similar peak hours to Seal Beach. He explained that the City's study guidelines do not ask for the input of ADT into analysis results. In regards to the projection that 90% of traffic would take Seal Beach Blvd., he explained that this conclusion was reached based on current data. Mayor Pro Tom Varipapa asked what types of deliveries come to a fitness center. Marry Potts answered that there are usually few deliveries for a health club, and that typical deliveries include towels, chemicals for cleaning the pool, etc., and that these would come on smaller trucks. Mayor Pro Tom Varipapa noted the operating hours for other local LA Fitness sites he visited. He stated that the architecture and footprint of the proposed project seemed different than other LA Fitness centers, noting that the entryway and building seemed smaller by comparison. Mr. Potts explained that LA Fitness was told the design of the site had to match with the nature of the existing shops in the center. He provided clarification for Mayor Pro Tom Varipapa on heights of other stores in the shopping center. Mayor Pro Tom Varipapa asked questions relating to the configuration of the parking, to which Mr. Potts provided clarification. Mayor Massa -Lavitt discussed the parking guidelines for delivery trucks with Mr. Potts. She also asked if there had been noise complaints in the past regarding cars that were parked in the lot which belonged to the residents. Moe Mohanna responded that the Coalition's concerns about car noise were related to noise that might happen in the very early hours of the morning from gym employees and early gym patrons. Council Member Sustarsic stated her concerns about safety for those being dropped off at schools during peak gym hours. She also stated her concerns that traffic numbers have not been accurately assessed. Mr. Potts responded that there are 405 parking spaces in the back parking lot that will serve customers from the health club, PetSmart, and Home Goods, and that this does not present a parking utilization issue. Council Member Sustarsic stated that she felt counting traffic numbers at other gyms would be desirable. Mr. Potts responded that analyzing numbers based on counts at other gyms is difficult because each individual gym is affected by its own variables, and a debate about validity and accuracy of those numbers would then ensue. He noted that such an analysis might also lead to potential dilution of the criteria outlined by the City. City Attorney Steele clarified that the model used is a City standard, and is not an issue for debate with the applicant, but would perhaps be better directed to City Staff. Mr. Potts discussed the letter received from Mr. Barry Ross, and stated that the applicant believes the EIR is sound and defensible. Mayor Massa -Lavitt closed the public hearing Council Member Moore stated that he feels the CUP should be denied, citing concerns of increased traffic and noise. Interim Director Landavazo clarified for Council Member Moore regarding requirements for determining parking ratios. Council Member Moore stated that he feels this project creates an "undue burden" for the people who live near the project site. Council Member Deaton stated that she felt the EIR met requirements. Regarding the CUP, she stated that she could make Findings numbers 1 and 2, but could not make Findings numbers 3, 4 and 5. She also noted her concern about potential light pollution, and stated that the classes offered by the gym had not been discussed in regards to type of classes and times offered. She noted that, contrary to some public perceptions about Council motivations, the City would not be gaining much in sales tax from this project. She also stated that she felt that when streets were at a level of service (LOS) C or D, more traffic should not be added to these streets. Council Member Sustarsic agreed with Council Member Deaton's findings on the CUP. Regarding the EIR, she stated that she feels alternatives were not adequately explored in the document. She also felt that there were issues with the traffic study. For these reasons, she said she would not recommend approval of the EIR. Mayor Pro Tern Varipapa stated that he appreciated all the correspondence and dialogue about the project. He also stated that he felt many experts had looked at the project, and that it complied with Municipal Code guidelines. Mayor Massa -Lavitt stated that she feels the EIR is adequate, though not perfect. She noted that she can make all required Findings for CUP approval, and she did not take issue with the traffic study. She stated that she felt the project would be an asset to the shopping center and that many of her constituents are in favor of the project and they have encouraged her to vote for its approval. She stated that she would vote to deny the appeal of the EIR certification and approve the CUP. City Attorney Steele provided clarification on voting procedures and resolution options. He clarified for Council Member Deaton that a certified EIR holds little significance if it is unaccompanied by an approved project. Moore moved, second by Sustarsic, to direct City Attorney Steele to return with a resolution to deny the appeal of CUP 16 -7. AYES: Sustarsic, Deaton, Moore NOES: Massa - Lavitt, Varipapa ABSENT: None ABSTAIN: None Motion carried Massa -Lavitt moved, second by Deaton, to direct City Attorney Steele to return with a resolution to deny the appeal of the EIR certification. AYES: Deaton, Varipapa, Massa -Lavitt NOES: Sustarsic, Moore ABSENT: None ABSTAIN: None Motion carried City Attorney Steele clarified that Resolution 6767 was the original resolution from staff approving the EIR and did not need to be changed, and Resolution 6768 relating to the CUP had been amended accordingly. City Attorney Steele requested that it be included in the motion that the City Attorney has the authority to correct any typographical errors. Massa - Lavitt moved, second by Deaton, to adopt Resolution 6767 denying the appeal and approving certification of the Final EIR, and granting the City Attorney authority to correct typographical errors in the resolution. AYES: Deaton, Varipapa, Massa -Lavitt NOES: Sustarsic, Moore ABSENT: None ABSTAIN: None Motion carried Moore moved, second by Sustarsic, to adopt Resolution 6768 denying the appeal of the Planning Commission's denial of CUP 16 -7 to construct and operate a 37,000 square foot fitness club at an existing shopping center at 12411 Seal Beach Boulevard within the Commercial General (CG) zoning area, and granting the City Attorney authority to correct typographical errors in the resolution. AYES: Sustarsic, Deaton, Moore NOES: Massa - Lavitt, Varipapa ABSENT: None ABSTAIN: None Motion carried UNFINISHED /CONTINUED BUSINESS There are no unfinished /continued business items. NEW BUSINESS There are no new business items. ADJOURNMENT Mayor Massa -Lavitt adjourned the City Council meeting at 1:54 a.m., September 12`h to Monday, September 25, 2017 at 5:30 p.m. to meet in closed session, if deemed necessary. Approved: Attested: Sandra Massa - Lavitt, Mayor Robin L. Roberts, City Clerk Robin L. Roberts, City Clerk City of Seal Beach