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HomeMy WebLinkAboutCC Min 2003-08-11 7-28-03 / 8-11-03 the City website under her name, that she will be providing weekly or bi-weekly updates as to things going on in the City which will also be posted on the website. I CLOSED SESSION It was the order of the Chair, with consent of the Council, to adjourn the meeting until August 11th at 6:30 p.m. to meet in Closed Session if necessary. By unanimous consent, the meeting was adjourned at 11:23 p.m. clerk Attest: ~Ci%ta::J~ g".J1k(~ City Clerk Approved: I Seal Beach, California August II, 2003 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Doane, Larson Absent: Councilmember Yost Councilmember Yost arrived at 6:32 p.m. Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk I The City Attorney announced that this would be the time for any member of the public to speak to the two items identified on the agenda. In response to a public objection to the Council meeting in Closed Session at this time it was explained that this is an adjourned meeting from the last regular meeting, the regular Council meeting does not commence until 7:00 p.m. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, to confer with legal counsel with regard to anticipated litigation pursuant to Government Code Section 54956.9(b), and to confer with the City's labor negotiator with regard to the Management/Mid Management Employees and Supervisors and 8-11-03 Professional Association Safety Units pursuant to Government Code 54957.6. The Council adjourned to Closed Session at 6:33 p.m. and reconvened at 7:10 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported that the Council had discussed the items identified on the agenda, gave direction to the City's labor negotiator and City Attorney, no other reportable action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:11 p.m. l.t Clerk and the City of Approved: 'fJ~~'nJ;'~ Mayor" Attest; Seal Beach, California August 11, 2003 I The City Council of the City of session at 7:11 p.m. with Mayor to order with the Salute to the Seal Beach met in regular Campbell calling the meeting- Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Arends-King, Director of Administrative Services Mr. Cummins, Associate Planner Ms. Yeo, City Clerk I APPROVAL OF AGENDA Councilman Yost requested that Item "G" be removed from the Consent Calendar for separate consideration, and a member of the audience requested Item "F" removed. Mayor Campb~ll stated that anyone wishing to speak to those items should do so under the Public Comment periOd. With no indicatibn of objection, the order of the agenda was approved as revised. I 8-11-03 I ANNOUNCEMENTS Mayor Campbell announced that a notice has been received from the Joint Forces Training Base officials that Arbor Park will be closed at sundown on Thursday, August 13th and reopened at sunrise, Saturday, August 16th, to accommodate Air Force One at the Base. Mayor Campbell requested a show of hands as to those persons present wishing to speak to the dogs in Arbor Park issue as well as the number of persons who read the news article in the local papers with regard to same which was meant to convey the issues. She mentioned that she had comments to that issue however they were basically covered by the news article. I PUBLIC COMMENTS Mayor Campbell declared the public comment period to be open. Mr. Jerry Dominguez, Region Manager for Southern California Edison Company, said he wished to address certain things that have happened over the past several weeks, there were comments made at the last meeting to which he has received telephone calls, and if there are questions he can be reached by telephone. Mr. Dominguez said this in regard to the undergrounding of electric utility lines along Westminster Boulevard in conjunction with the Boeing project, there was considerable information that was disseminated in the news, comments made, and misconceptions which he wished to clarify. Mr. Dominguez stated that the only reason for under grounding utility lines is for aesthetics, appearances, there is no benefit to having utility lines buried underground, logic would dictate that if there is a problem with an overhead electric line, a break or fault as examples, it can be detected, found, and repaired rather simply, if buried in the ground one must first find the problem and then make the repairs, to the concept that putting electric utility lines is not inconvenient that is not correct, it is inconvenient, it has to do with maintenance and repairs of facilities. He noted that there was comment made that Southern California Edison does not underground these sixty-six thousand volt lines, that too is not correct, they can be undergrounded, it is very expensive, requires a five foot clearance from any other objects buried under the ground, repairs and maintenance also part of the problem, therefore the comments that it is a simple project and that it is not a costly project is incorrect. Mr. Dominguez mentioned that before estimates are done on such projects the engineering fees are paid up front by the developer or the agency that is requesting or requiring information for undergrounding utility lines, until those engineering fees are actually paid and the estimates are done there is not an accurate cost, the Edison Company generally takes a neutral position in these issues because there are converging views on whether it is a good or simple idea, who is going to pay for the undergrounding, who is going to provide the necessary easements to place these facilities underground, it is a fairly complicated process. Mr. Dominguez confirmed that he is the spokesperson for the Company, or the service planner that is authorized to provide the work, other people may not or should not speak for him or the Edison Company, the conversations that he has had with regard to this issue have been very low key and informal, there has been nothing formal with regard to this process, no estimates done, no request to have that specifically done, but in the discussions with the company representing Boeing and a couple of City staff they were advised of the pros and cons with regard to this issue, that it is conceivable that these facilities could be placed provided there are proper easements and someone is willing to I 8-11-03 pay the cost which could be extensive. Mr. Joe Sova, past regional commissioner for the American Youth Soccer Organization, expressed appreciation for the relationship that there has been in Seal Beach for providing the largest single sports program in this community, the five year relationship has provided great things for the community, an outlet for children to flourish, has improved a public site for all sports groups in the City to use, and along with the improvements has brought an economic boom in that the Section playoffs, the Ken Astin Cup, has been held for two years in the area, people come from allover this region, eat in the restaurants, stay at the hotels, buy gas, use the convenience stores, and hopefully come back to vacation in the community. Mr. Sova offered that AYSO has helped with maintenance to improve the Park with the assistance of Mayor Campbell and Mr. Eagle, this has brought attention to the Park now that it is clean and utilized, AYSO provides safe and fair fun for children, part of that is not allowing dogs in the area because it becomes a safety and health issue, most sports facilities are run that way. He thanked the City for the opportunity to help create this Park and atmosphere of safe, fair fun for all in this community, this partnership has brought three major pluses, improvement of the facility, an economic boom, and a fantastic future for the children, there are seven to eight hundred families in this community that are enjoying this Park through the efforts of the City, their insurance does not cover co- existence, AYSO would like to keep this Park for the children so that they and their families can use it without needing to have volunteers clean up before the Park can be used. Mr. Bob Labradour, a Senior Director on the Board that manages the AYSO that serves the communities of Seal Beach, Los Alamitos, and Rossmoor, a fifteen year former resident of Seal Beach, continues to be an owner of income property in the community, since moving to Rossmoor in 1991 he has been involved with AYSO, well ingrained in the communities served by the AYSO. On behalf of the AYSO Mr. Labradour thanked the Council for taking into consideration the proposal presented to Seal Beach regarding a mutually beneficial contractual relationship with regard to the AYSO continued use of Arbor Park as a primary site for soccer practices and games for the next five years, if the City obliges their proposal and votes to approve the schedule the AYSO will tender an immediate payment of $5,000 followed by two additional payments to be remitted before the end of this year for a grand total donation to the City of $12,000 which represents AYSO's good faith commitment to help defray a portion of the annual maintenance costs incurred by Seal Beach in its efforts to keep Arbor Park a pleasant and safe public asset. Mr. Labradour mentioned that in the past five years AYSO has donated thousands of dollars annually to help the City pay for regular maintenance, in the immediate past twelve months they have invested $12,000 to correct irrigation problems to maintain proper watering of the Park, they have and will continue to maintain portable toilet facilities for the benefit of the public. Mr. Stanley Smalewitz, Guava Avenue, said as a parent of an AYSO soccer player, Seal Beach Kids Baseball player, and a dog owner, he objects to using Arbor Park as a soccer park and not joint use, there should have been a citizens committee similar to that which considered the tennis club use to formulate alternative uses. As a board member of Kids Baseball he knows of their lack of facilities, lack of ability of places to play, difficplty with practice times because of other activities at Arpor I I I 8-11-03 I Park, it is known that AYSO does a lot for kids as does Kids Baseball and the dog owners meeting there likewise has a community function, all of these things are part of the community, this is not a soccer or dog situation, it is a community situation. He proposed that the Mayor should have come to the Park and talked to the people who use it as a dog park, he has never seen a staff report or heard discussion of this AYSO lease until now, that is not the way things are done here, there should have been discussion of some alternative uses and a coordinated plan that would work for a majority of the community, a compromise. Mr. Smalewitz suggested that an effort be made to look at all of the needs, AYSO does good things for kids, they also have more facilities and the ability to have their activities within the Rossmoor and Los Alamitos communities, Seal Beach Baseball does not, kids baseball has three fields, they invested considerable money at McGaugh this year, they too hosted a tournament, he never knew that kids activities were about economic development. He offered that if the Council would like a proposal Arbor Park could be turned into the Los Alamitos ballfield, host tournaments too to bring in dollars, that should not be the issue, it should be what is good for the community and good for the kids, look at this further, do a little more study, do not rush into this, once it is done it can not be undone. He has talked to other Kids Baseball board members, they are willing to submit proposals, do fund raising to improve the Park, they never thought they had an opportunity to do that, they did not know they had that opportunity because it was never brought up until this issue came forth through the press, do not act on this agreement, let the community come up with something that works for most. I I Mr. Michael Heltzik, Hazelnut Avenue, said many of his neighbors, like himself, are frustrated with the failure of the Council to solicit input from the community on the use of Arbor Park, at this meeting the Mayor did not offer comments to make her point of view clear, he would request that those comments be heard after the public session, the fact is that the only information that they have ever gotten about the plans for this Park was in the nature of a series of fait accompli, that the City was entering negotiations, in negotiations, in discussions for a lease with AYSO, AYSO needs a lease to make improvements to the Park, some attendees found out for the first time tonight that this item was on the Consent Calendar. This leaves some with obvious questions, is the lease with the federal government final, some news articles quoted the Base commander as saying it was not final, what are the understandings between the City and AYSO as.to the extent of permitted development that AYSO will do in the Park and where, if there is an understanding what effort did this Council make to solicit public input, was there a public hearing, if not why not, and as a dog owner who uses the Park frequently neither he or his wife have seen the Mayor on those premises. The jurisdiction of the Park too has never been established, some of his neighbors were cited in the Park, the citations were thrown out of court because there was no clear jurisdiction or notice. Mr. Heltzik said they would like this removed from the agenda, placed on a future agenda so that some type of sensible plan can be developed for the use of Arbor Park, it is understood that Los Alamitos also has this subject on their agenda with some mystification as to what Seal Beach is doing and why so hastily, it is understood too that the Los Alamitos Manager has been in touch with the Seal Beach Manager with questions about the AYSO arrangement, he would like to know what reply 9-11-03 was given. Mr. Heltzik requested that enforcement of the dog regulation Ordinance at Arbor Park, while there is no organized sporting activity going on, be suspended until this matter is resolved, remove the AYSO agreement from the agenda and postpone it until a future agenda to allow for community input and discussion as to how the Park should be used by the entire community, and since this Council is proposing to enter into a contract with AYSO, the Mayor and members of the Council should disclose their relationship with AYSO whether it be board members, officers, volunteers, parents or relatives of children that play. I Ms. Debra Malschick, Guava Avenue, said she was present in support of finding a solution to the dogs in the park dilemma, there is a need to create ways that the whole community can use the Park, not primarily families who have children involved in community athletics, her children participated in AYSO, baseball, and each played high school sports, as parents they were active in the process, in addition to the benefits of the sport the activities connected them socially to the community, the ability to use the Park facilities to exercise her dog has also resulted in a nice social connection in the community. Ms. Malschick offered that the needs of the population that may not be in the child bearing years must be addressed, there is a large group of citizens in the community that have dogs and would like to be able to exercise them and meet with others doing the same, this is a responsible group of citizens who care about the conditions of Arbor Park, the sole purpose of coming to the Park is not for their dogs to relieve themselves, if that were true they could merely walk their dogs on the street, she and her friends clean up after the irresponsible minority of people who do not clean up after their dogs, they go out of their way to inform newcomers of the necessity to clean up after their animals and keep them under control, they warn people to not use the Park when there are youth sporting activities underway, she has gone so far as placing nasty notes on the windshields of those who do not clean up. She claimed for many years she ran in the park, she did not have a concern with stepping in dog dirt rather with turning her ankle in a gopher hole, or slipping on the excrement from the shore birds, skunks, opossums, etc., those are hazards and unsanitary, there is also trash discarded throughout the Park, even to dirty diapers, there have been occasions of seeing what appears to be people doing illicit drugs or drinking in the park, when someone arrives with a dog they leave, the dog people are a deterrent to those who are looking for a place to be alone and not observed. Ms. Malschick offered that the Park is not in use for most of the day, suggested that certain hours be set aside early in the day and a half hour between sunset and dark when the Park could be open for dogs, why not water the field for a short time in the morning after the dogs leave, this would rinse the ground and be dry by the time children come to play, why not provide bag dispensers, possibly a local market would donate them, why not post a sign warning of a large fine for those who do not pick up after their pets, she would be happy to provide names and times of those individuals, why not give citizen Park marshals the right to issue citations , why not create a yearly fee to use the Park and collect it through the Recreation Department, this money could be used for whatever is necessary because the dog , people are there, their group is willing to help, wh~ not a trial period of possibly a year, they deserve to be able to use the City facilities as much as anyone, the dog people are I I 8-11-03 I neighbors and taxpayers. Mr. Jim St. Om Eroy, Director of Players and Coaches for AYSO, stated that they are not trying to create a situation of AYSO or sports programs versus dogs, his belief is that there is an area that could accommodate a dog park, the only complaint of AYSO is with those who do not want to abide by the rules, let their dogs run so it is necessary to clean the field before games and practice, he would like to find a way that they could coexist, one concern however is dog bites when people do not keep their animals under control. He noted that there are seven hundred children in AYSO from Seal Beach itself, there are about two thousand children in the community, AYSO wants to share fields with other sporting groups yet they are a very large organization, they have also contributed funds towards maintaining and keeping the fields up. Mr. St. Om Eroy said again that they would like to find a way to coexist, they do not want AYSO versus the dog park, however they do not want to deal with dogs running allover the fields and having to clean up after them. Mr. Glen Rabenn, Fir Avenue, a more than twenty year resident, one of the dog people. Mr. Rabenn said he would like to limit his comments to the question of timing, he appreciates the position of the prior speaker, his belief is that before the Council does anything with respect to this contract that there should be an opportunity for the public to be heard, a year and a half ago several individuals appeared before the Council of Los Alamitos when this body requested Los Alamitos to amend their municipal ordinance to allow Seal Beach to enforce dog regulations at Arbor Park, at that time the City of Los Alamitos wrote back to Seal Beach urging that public hearings be held on that issue, to that he would ask when those public meetings were held, they were not. Mr. Rabenn noted that the AYSO contract appears on the Consent Calendar and it can be seen that there is a substantial public reaction from people who have as much of a legitimate right to complain about this as anyone else in the community, he feels that in many respects the question of the use of Arbor Park has been framed in an us or them manner, not necessarily by the dog people and not by the AYSO people because they want to be part of an overall plan, yet there have been other people who have been quoted in the media who have said that parks are for people, not for dogs, that kind of attitude misses the point entirely, this is about people who have legitimate interests in using that facility. Mr. Rabenn said in their research of the question of dog parks it was found that throughout the Country there are hundreds of communities who have successfully established and managed dog facilities harmoniously with other uses, there is no reason why this can not happen here, the representative from AYSO was heard to say that they do not need the east two acres of Arbor Park, that is the primary area where the people take their dogs, therefore before the contract is approved his belief is that the determination should be suspended and that public hearings be held, there should be hearings to devise an overall plan for Arbor Park, if the contract is entered into it limits the options that will be available to the City in planning Arbor park, it has been heard from AYSO that they are not demanding exclusive use, they are accepting that the dog owners have an equal right to use the facility, they should be taken up on that. Mr. Rabenn again urged that no action be taken, that public hearings be held as to what is to happen at Arbor Park. I I 8-11-03 Mr. Craig Adler, Elder Avenue, noted a reference to the Park as an active recreation area, from his observance over the years the AYSO is active at Arbor Park approximately ten percent of the daylight hours, therefore judging that ninety percent of time the Park is empty perhaps there could be some discussion of other activities. As the dog owners have told him and asked that he speak to, there is no expectation of using the Park when there are permitted activities taking place, they stay away yet would like to use the space when it is not in use and do not want to be cited for it, with regard to the feces problem Mr. Adler said their group is absolutely conscientious about picking up after their animals and dogs that have been there before them, they would welcome the citing of observed pet owners who do not clean up after their dogs. With regard to the reference to the picnic area Mr. Adler stated that there is a water fountain that has not worked in two years, he has never seen a picnic table, barbecue pit, or sand volleyball or any other amenities that were spoken of or promised years ago, he would not consider that a picnic area. If sports groups that use the Park bring their animals with them he would ask that they follow the same rules, walk the field, potty patrols, clean up. Mr. Adler mentioned that he is not certain if they plan to install lights in Arbor Park, if so they need to know that they can not exceed ten feet in what is believed to be a half mile range because of the Seal Beach vortex, the radar system that the airplanes use for navigation, the reason the field is so open is FAA and military regulations. He urged that this item be placed on the public calendar rather than on Consent so that it can be discussed openly and work out some type of compromise solution. Mr. Robert Kelly, resident since 1967, stated his belief that he has used the Park since it opened, said one of the reasons that people have taken their dogs there is because there it very little utilization of the Park, as an example last evening he was in the Park at 6:00 p.m. and there was no one else in the Park for well over an hour, also, the last thing he or other people would want to do is exclude AYSO from the Park, it is a community Park that should be utilized by the community, that includes older individuals who like to walk with their dog for exercise, his belief is that Seal Beach found out a year ago that it did not have jurisdiction over Arbor Park to issue citations so the City went behind everyone's back, negotiated a separate lease without Los Alamitos knowing anything about it and without any input from the residents as to how they would like to have their Park used and managed, it is felt it was done vindictively against the people who utilize the Park. He too feels that public hearings should be held, make this a Park that all can enjoy, AYSO has expressed some of their concerns, yet no one would take their dog in the Park when there are activities going on, there are also people from out of the area that use the Park, does that mean that the local residents will be excluded because of their use. There needs to be a more defined plan for Arbor Park utilization. Ms. Sue McDannel stated she is a member of the Walk A Park group of over fifty responsible dog owners who enjoy exercising and socializing themselves and their dogs. Ms. McDannel noted that the Ordinance prohibiting dogs in parks was passed in the 1960's, that is when she moved to College Park East, at that time things were much different, there was a lot of open space, dairy farms on Valley View, strawberry fields on Katella, lots of children in the neighborhoods, ample! City budgets to do many things including the free beach bJggy, in 2003 there is virtually no open space, strawberry fields are gone, there are many fewer children, and the City budget is I I I 8-11-03 I cutting the Police Department budget. To that she asked how these changes are affecting College Park East, there is no open space to play catch or frisbee with your dog, it is now known that dogs and people all need arobic exercise, the children are grown, moved out, the parents have stayed and the children are replaced with furry kids, there are fewer police on the force and it is for certain that they have better things to do.than chase the people out of Arbor Park, what is the answer. Ms. McDannel said it is understood the Council wants to make it a sports park catering to soccer and baseball teams, the people want a place to play with their dogs, so as is the case where divergent interests come into play her feeling is that the answer is compromise, she understands that AYSO has a condition in their bylaws that says that no dog shall be on the field when they have practices or games, one solution that all strongly favor is establishing dog hours, early in the morning and late in the evening when no one is using the Park, and if anyone shows up at those times they should be issued a ticket, the group strongly supports allowing permitted teams to use Arbor Park yet also realize that there are many hours where the Park sits empty, with such limited space and 'budgets her feeling is that this is not good use of tax dollars. Ms. McDannel mentioned that the other on-going objection to dogs in the Park is the health issue, the Walk In The Park group abhors dog owners who do not pickup after their pets, not only in the Park but in the neighborhoods or on public property, in fact they would encourage the Council to adopt an ordinance to fine a dog owner anywhere in the City who does not pickup after their dog, the group often finds themselves cleaning up after dogs that have not been properly trained by their owners as well as after soccer players and fans, the group would be agreeable to help enforce the cleanup issue, form cleanup crews, clean the Park before soccer games. In other cities such as Long Beach and Huntington Beach they have compromised and found solutions to these dilemmas, they would ask that Seal Beach do the same, open minds and a willingness to work things out. I I Mr. Ray Keiser, representing Island Village Homeowners Association, said he wished to comment on Item "L", the Boeing development plan. Mr. Kaiser mentioned that Mr. David Bates, the President of the Homeowners Association, wrote to the Seal Beach Planning Commission complaining about the foreseeable intrusion of noise and traffic to the homes to the immediate west of the development, Island Village has about a hundred or so homes, Planning Area 3 would be immediately east or adjacent to Island Village where proposed buildings 3, 4, and 5 would border the homes, there is an expression that high fences make for good neighbors, and to that Island Village believes that one substantial way that the Council could mitigate the noise and construction debris and subsequent intrusion of the development would be to condition any approval on the erection of a sound barrier wall and a line of full canopy trees. upon looking at the staff report it appears that this construction will take a substantial period of time with no noise limits on the construction, and upon completion of these three large buildings next to this collection of homes there will be industrial business use and the loading docks face westerly toward the homes. The residents of ISland Village appreciate the quiet enjoyment of their property, nothing excites people more than an unchecked barking dog next door or ongoing noise that disturbs their peace and quiet, and in looking at the Environmental Impact Report the land that is now vacant will 8-11-03 have a very intense industrial business use. Mr. Kaiser said he would like to see the Council show good faith to its neighbors to the immediate west, if there is consideration of approving this plan with all of its defects, that at a minimum require that at the inception of construction some deference be given the homes immediately adjacent, require the construction of a fifteen foot wall barrier associated with a line of canopy trees, this is something that should not await the completion of the project, as has been suggested any noise reduction issue should wait until after completion of construction yet the construction inheritantly will involve continuous loud noise, dust, and other nuisance conditions to Island Village, but even after that this should not wait for the homeowners to come to Seal Beach to complain about the uses of the property which obviously would be in conflict with a direct neighbor of a residential community. Ms. Joyce Parque, Seal Beach, spoke in support of the approval of the Boeing project, said they pay utility tax, property tax, employ people, buy and rent in the community, and spend their money in town. Ms. parque claimed that an agenda in January of this year reported that the City would be broke in a couple of years, the excess money will be used, so Boeing needs to be approved so they can help pay the City expenses, police and fire services are fifty-four percent of the budget. For the people in Leisure World who want free windows she has an answer, the $10,000 grant of free money through the Redevelopment Agency, both the grant and loan programs are available to income qualified residents of Seal Beach and only for housing programs, one thing allowed is double paned windows. Ms. parque read the qualifying income numbers for individuals to families. She mentioned also discussion about a year and half ago of reducing the utility tax, at the same time there was the electric energy crisis, from that the City received a windfall of $4.3 million in utility tax, the utility tax in the City is the highest income producer of any city. Ms. parque said another thing is the PERS pay increases which Seal Beach adopted but can not pay for and has not told the people that there is a $5 million debt to the retirement system, her belief is that this year the City needs to pay $500,000, this will cost the taxpayers $10 billion over twenty years, the next thing is the tripling of the car tax. Ms. parque said when the City takes the water meter reader and puts that employee in the Maintenance Department, then contracts out the meter reader, how is that saving the City money. Mr. Collin Boer, Cypress, expressed support for the dog owners, opposition to enforcement of the Municipal Code prohibiting dogs in Arbor park, it would be more appropriate to enact a scooper law if the issue is sanitary or hygienic, he can assure that dog owners who use Arbor Park already have a high compliance rate should this be enforced, of greater concern to the dog owners is the closed door decision of Seal Beach to effectively permit the use of Arbor Park only to groups deemed worthy, when secret political decisions are made to benefit one segment of the population at the expense of others it becomes the duty of the citizens to speak out against such injustices and demand transparency of the elected officials and the right to oppose such action. Mr. Boer as a citizen, homeowner, taxpayer, and dog owner, thanked the Council for consideration. There being no further comments, Mayor Campbell declared Public Comments closed. It was the order of the Chair, with consent of the cduncil, to declare a recess at 8:10 p.m. The Council reconvdned at 8:18 p.m. with Mayor Campbell calling the meeting to ~rder. I I I 8-11-03 CONSENT CALENDAR - ITEMS "A" thru "K" Doane moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except Items "F" and "G", removed for separate consideration. A. I D. I Approved the waiver of 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 the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. B. Approved regular demands numbered 42961 through 43139 in the amount of $1,027,488.15, ADP payroll demands numbered 5031160 through 5031292 in the amount of $214,232.94, and authorized warrants to be drawn on the Treasury for same. C. Approved the first amendment to the Ground Lease for the AT&T Wireless cellular tower located at 3131 Beverly Manor Road (formerly Los Angeles Cellular) for the period of five years with an option to extend the lease for two additional five year periods. Adopted Resolution Number 5153 entitled 'A RESOLUTION OF THE CITY OF SEAL BEACH SUPPORTING THE TRI-TUNNEL EXPRESS, A JOINT TRANSPORTATION AND UTILITY CORRIDOR." By unanimous consent, full reading of Resolution Number 5153 was waived. E. Adopted Resolution Number 5154 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION NUMBER 5141 RELATING TO ESTABLISHING THE RATES AND AMOUNTS OF FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 5154 was waived. H. Approved and adopted the Orange County Sanitation District Phase III, Fats, Oils and Grease study as required by the Regional Water Quality Control Board Order Number R8-2002-0014, and authorized the City Manager to execute and submit funding for Phase III to the Orange County Sanitation District. 1. I Adopted Resolution Number 5155 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL-03-01 FOR PARCEL 2 AND SURFSIDE COLONY ROADWAY ADJACENT TO AND SOUTHWESTERLY OF PARCEL 2 AS SHOWN ON RECORD OF SURVEY NO. 91-1052, ORANGE COUNTY RECORDS BOOK 138 PAGE 23." By unanimous consent, full reading of Resolution Number 5155 was waived. J. Adopted Resolution Number 5156 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING A CONTRACTOR's PROJECT 8-11-03 REPRESENTATIVE RESOLUTION" (City Manager, Director of Public Works/City Engineer, Deputy City Engineer). By unanimous consent, full reading of Resolution Number 5156 was waived. . K. Adopted Resolution Number 5157 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH" (John Deere Backhoe); and Adopted Resolution Number 5158 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING A BUDGET AMENDMENT NO. 04-07 FOR THE PURCHASE OF JOHN DEERE BACKHOE THROUGH A LEASE PURCHASE AGREEMENT." By unanimous consent, full reading of Resolution Number 5157 and Resolution Number 5158 was waived. I AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "F" - ARBOR PARK USE AGREEMENT - AMERICAN YOUTH SOCCER ORGANIZATION The City Manager explained that this item is an agreement with the American Youth Soccer Organization for Arbor Park field use. With reference to the public comments and subsequent discussion with the AYSO leadership, the Manager referred to the map attachment to the staff report, suggested the possibility that the field be squared off so that the AYSO field lease can go forward, with that the remaining trapezoidal open area could potentially, if other options are not successful, be looked at as a restricted dog park area. Also in response to the public, the City has been in contact with the property manager of the West Ed building, a nonprofit group, who indicated interest in at least receiving a letter of interest from Seal Beach with regard to fencing their area off for such use, if the whole of their grassy area were used it would be 4.67 acres, option two would be a 2.62 acre area, or there could be the 1.26 acre area directly behind the Arbor Park playing field. The Manager recalled that a similar issue was dealt with regard to the Spoiled Dog Society, it was for the City has the property yet there exists the Ordinance prohibiting dogs in parks adopted in 1968, since then the Ordinance was changed slightly to allow on-leash dogs on the greenbelt and in Gum Grove Park, from his reading of the minutes that matter appeared to be somewhat controversial. The Manager said a solution would be to have a restricted dog area, with that there would be no need to change the Ordinance, that would solve the problem for all residents of Seal Beach, it is not exclusive to College Park East, it is the Hill and downtown as well given the previously referred to issue with regard to Zoeter field. The Manager again suggested that the map be adjusted, move forward with the AYSO lease, give the residents some flexibility, and continue to investigate the other areas outlined, that would seem to balance both sides, reminding that the intent of the lease is that AYSO wants to make improvements to the field, the lease was renewed to alleviate the concern that any capital improvements they make would be , gone in five or six years. Mayor Campbell mentioned ~hat one nice feature of Arbor Park is that it is fenced and one does i I I 8-11-03 I not have to worry about their animal going onto Lampson Avenue, people walk their animals around the West Ed building yet her fear is with Lampson Avenue given that the area is not fenced, if one of the areas at West Ed could be obtained it could be fenced for safety, and if that occurs she would like to have water, benches, trash receptacles, the dog group may have additional ideas, however first there must the focus on the AYSO lease, separate that issue from the dogs. The Mayor also mentioned that at the time the City distributed letters of interest to organizations, including Seal Beach Kids Baseball, the only one to respond was the AYSO. Councilman Yost mentioned that he has a child that plays AYSO, another plays Club soccer and does not use AYSO fields, the AYSO group uses Hopkinson. He inquired if this is an extension or rewriting of a contract, and what are the requirements for a public hearing. The City Attorney advised that there is no State law or local ordinance that requires a public hearing for this type of agreement. The Manager noted there is no current contract, the AYSO agreement was considered by the Recreation and Parks Commission and a meeting was held with other sporting groups as well. I Councilman Antos moved to approve the agreement with American Youth Soccer Organization for use of Arbor Park in exchange for $12,000 to be used for maintenance purposes only, with the modification that the trapezoidal section referred to by the City Manager be held out as well as the other identified areas and be referred to the Recreation and Parks Commission for consideration at their regular meeting with recommendations to be forthcoming to the City Council. The City Manager stated for the record an amendment to the last sentence of Section 1-b, Definitions, to delete the language "a general description of the field areas..." to be replaced by "A map depicting the fields is attached to this agreement..." Councilman Antos moved approval once again and Councilman Yost seconded the motion. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I Mayor Campbell posed the question as to what started all of this, it was because AYSO wanted to do some improvements to the field yet had concerns with doing so where there was only a few years remaining on the Park lease, during conversations the problems they were having with dogs was discovered, she then got calls from some of the people who like to walk in the park, their concern was with dogs jumping on them, then a father who was at the Park coaching his sons team called Animal Control because an off-leash dog wet on the equipment and clothes. Now there are complaints, yet the Ordinance is on the books, it has to be enforced. With regard to the renegotiation of the lease, it was originally signed in 1982, due to expire in 2007, former Councilman Laszlo and others worked out the lease arrangement with Base officials, the City of Seal Beach has a lease with the Department of Defense, this has never been a City of Los Alamitos park, Seal Beach developed it and has always maintained it, then when the issue arose with regard to jurisdiction the lease was reviewed and found that the City did not have the ability to enforce its own ordinances in the Park therefore when the lease was renegotiated that was included, the lease went before the City Council, no public hearing was required, the issue that the people have is not with the lease, it is with the City Ordinance, at the time of the jurisdictional issue the City could not enforce any of its ordinances in the Park, 8-11-03 if the City is leasing the area and maintaining it then it was necessary to have the enforceability. Both the Seal Beach Naval weapons Station and the Los Alamitos Joint Forces Training Base are federal properties owned by the Department of Defense, no city, county, or State has any jurisdiction on those properties, federal supercedes everything, when the Marines built something on the Weapons Station they did not come to the City for permits they went to the Army Corps of Engineers, the City has no say whatsoever, the same can be said for the Joint Forces Training Base, Los Alamitos too has no jurisdiction. The relationship between Seal Beach and the Joint Forces Training Base is strictly a landlord/tenant relationship, the City has' signed a lease with the Federal Government and they have delegated authority to the City to enforce the City ordinances at Arbor Park, this was not something that had to be run through Los Alamitos because they have no authority with regard to the Base, it is federal property. Mayor Campbell explained that the City Ordinance under discussion goes back to November 18th, 1968, that was before College Park East was even built up so it was the residents of Old Town and the Hill that initiated the Ordinance, that Ordinance was amended in 2000 to allow dogs on-leash in Gum Grove Park and on the greenbelt, they are passive recreation areas, there is no where in this City where dogs are allowed off-leash, to that there have been a number of calls from Hill residents because people are not adhering to that in Gum Grove. Last year a group called the Spoiled Dog Society tried to persuade the City to allow them to use Zoeter field in the mornings, the City had to turn them down, why, it is a health issue. The Walk A Dog group is good, they pickup and clean up, the ones that do not would not show their face here, but the Walk A Dog group is taking the brunt of that, Arbor Park is an active recreation area, those who do not abide by the rules do not get caught so they can be cited, it is the same thing as the 4th of July with fireworks. Mayor Campbell reported that this past week she and the City Manager met with Colonel John Smith and Troy Harden of the Training Base to discuss ways of solving this problem, during that meeting a woman drove up, let her dogs out, the dogs relieved themselves and the woman just stood and watched, when she asked her to clean up after her dogs she became angry, people break the law when they think no one is watching, that is human nature, it is realized that laws are broken but that does not make it right, again, the issue is not with the lease it is with the City Ordinance. She said both the Sun and News Enterprise printed good articles with regard to this issue, covered nearly everything, the Sun had an editorial with regard to a similar problem on Main Street and the residential streets. The most common complaints that she hears is that people want to park their car in front of their house, and even though it is a public street people consider the space in front of their house as their spot, the second issue is dogs, they do not want dogs on their lawn for any reason, when people walk their dogs late at night they are not walking the dog for exercise it is because they do not want to clean up their own yard, another concern of hers has always been those who walk their dogs around the perimeter of Heather Park at night and then children going to school the next morning either step in piles or put their backpacks next to trees that have been wet upon the prior night. The Mayor said last week at a .Coastal Commission meeting someone made the comment that Gum ,'Grove has become nothing more than a dog park, the Commiss~on was ready to take over enforcement at Gum Grove, the response of City staff was that dogs are not permitted off-leash!at Gum I I I 8-11-03 I Grove, which ended that discussion for now, if the Commission gets involved with Gum Grove the Federal Government would be a nothing as compared to the Coastal Commission, several years ago while attending a Commission hearing in Oceanside they brought up the same issue to which she asked if that was not a Seal Beach rather than Coastal Commission issue, they relented, but if they keep getting complaints they will take over the jurisdiction of Gum Grove and the City will have no say, people need to stop letting their dogs off leash and need to clean up so that Coastal Commission will not be contacted. Mayor Campbell concluded that with regard to what is being dealt with now, the Ordinance is on the books, she would ask that it be respected and let this issue be settled, this is being worked on and she would ask for patience. I ITEM "G" - COUNCIL POLICY - CITIZEN INITIATED TRAFFIC CALMING PROJECTS Councilman Yost reported having received several calls with regard to speeding cars, a family on Taper Drive had two dogs killed in one day by a speeding driver, someone who had been warned about speeding in the past, a family on Bayside has experienced speeding traffic and has requested more selective enforcement of the area, a similar pet death on Driftwood Avenue as well, speeding cars is one of the most frequent complaints that he receives. The Councilman said what is before the Council is a policy statement that allows people in a community to come together to do some traffic calming, to take some matters into their own hands, and when one looks at who is speeding it is not people from outside the City it is people within the neighborhoods. Yost moved, second by Larson, to approve the Council Policy regarding citizen requests for traffic calming projects within the City. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried with regard to the next item on the agenda, the Boeing Integrated Defense Systems Development Plan, the City Manager stated that he and the Public Works Director would excuse themselves from the meeting as a result of an FPPC determined conflict. I BOEING INTEGRATED DEFENSE SYSTEMS DEVELOPMENT PLAN - RESOLUTION NUMBER 5150 - GENERAL PLAN AMENDMENT 03-2 / ORDINANCE NUMBER 1504 - ZONE CHANGE 03-2 / RESOLUTION NUMBER 5151 - BOEING SPECIFIC PLAN / RESOLUTION NUMBER 5152 - VESTING TENTATIVE TRACT MAP NO. 16375 The Associate Planner reported that after the last City Council meeting there were still some unresolved issues relating to the proposed Boeing development in the area of Seal Beach Boulevard and Westminster Avenue. He noted that there were a series of issues that came up and he would present what the proposed resolution of those would be, there were two issues that the Boeing team agreed to during the course of the meeting, basically if during rough grading the wind speed is twenty-five miles an hour for a period of one hour construction activity would cease, they agreed to that on the condition that it would be included in the EIR Resolution, there was also a concern that there should be some type of notification procedure for the Leisure World community when Boeing was about to commence construction activities, Boeing agreed to notify the Leisure World News and other applicable news sources. Subsequent to that there were three issues that were held over, staff has had conversations with the Boeing team since that meeting, one 8-11-03 was the drainage along Seal Beach Boulevard at the base of the hill near Planning Area 1, the proposed solution at that meeting was to cure the drainage problem within twelve months as opposed to the original recommendation of creating a study, the Boeing team has agreed to do that within twelve months after the issuance of a California Coastal Commission permit, secondly was the length of time to exclusively market Planning Area 4 for hotel use, the original proposal was to do that for a period of eighteen months, Council proposed to extend that for a full thirty-six months, the Boeing team has agreed to do that. The last concern related to noise and a requirement that could be imposed to require dual pane windows for units within Leisure World, to which the Planner reported that there are about twenty-two units that could be affected by construction noise across from Planning Area 3, the Boeing team proposal was to add a condition to require a study to determine the cost of such installation, during the past two weeks staff has had the opportunity to look at those units with the same contractor that replaced all of the windows as a result of the Department of Water and Power project in the City of Long Beach, an estimate of cost was submitted of $130,000 merely for Council consideration. At this point the Boeing team has agreed to all requests of the Council except for the window replacement matter, therefore with the receipt of the estimated cost the Council may now determine whether they want to impose that condition or not, the Council could require a study as well and then defer a decision on the installation of windows until a later date. I Councilman Yost inquired as to the distance between the Island Village homes and Planning Area 3 buildings, and the distance between Leisure World residences and Planning Area 3 buildings. The Associate Planner responded that the closest lot in the northwestern corner of Planning Area 3 is approximately two hundred thirty feet from the closest Island Village home, it is a greater distance across Westminster to Leisure World, the exact distance he was not certain of, the closest distance from lot 4, a middle lot, is approximately three hundred seventy feet, and the Precise Plan approved by the Planning Commission some six weeks ago includes on lot 3 a loading dock which was specifically designed to not be facing towards Island Village because of noise concerns. with regard to the 66KV lines that come in to service the Boeing facility, Councilman Yost asked if they cross lot 4, and since that is new construction will they be undergrounded, the response of the Planner was no, they would be relocated, explaining that the lines along Westminster would continue then go straight onto the property but because of where the building is proposed to be on lot 4 they would need to be relocated so that they could get around that building to the Edison substation that is located in the middle of the property. Councilman Yost inquired if they should be undergrounded if they are going to be running through the new development area, the response of the Planner was that as said by Mr. Dominguez they do not have to be. Councilman Yost said he understands that the 66KV lines generate a lot of heat, undergrounding is expensive and difficult to do, his concern is that this gets away from the general policy that all new development construction should have the utilities undergrounded, not only for aesthetic reasons but for safety reasons as well, it is known that the undergrounding and maintenance costs are higher yet the long term benefits are felt to be reasonable to pursue. I Councilman Larson said as he had indicated at the end of the last meeting, as was learned from the Bixby developm~nt what I I 8-11-03 I the City does not get now it is unlikely to ever be realized, he does not want to approve anything until it is known precisely what conditions are going to be met, and in particular the window situation for Leisure World, if it is determined to be left merely as a study and approve everything else then Boeing will say that the study shows that the windows are not needed and they will not be realized, his preference then is that the matter be continued until the study is done, the sound levels are known, and what the arguments are going to be. Councilman Yost asked if Island Village should be included in that. The Associate Planner mentioned that there are mitigation measures in place to address the placement of the buildings on the lots and when it is known who the users will be, there are mitigation measures within the EIR Resolution that require additional noise studies on those buildings to see if additional mitigation, whether it be higher soundwalls or whatever, is necessary to mitigate noise from the ultimate user. Councilman Doane noted the speaker on behalf of Island village that mentioned a soundwall, and asked if that would be a consideration. The Planner responded that it could be if the noise study deemed that it was necessary. Councilman Yost agreed with the comment of Councilman Larson that a noise study should be looked at and see what transpires with regard to Island Village and Leisure world, Island village is not in this City but they are neighbors. The Planner stated that he would like to separate the different types of noise studies, there is the noise study that is typically done as part of the EIR, that looked at going across Westminster Avenue in different noise contours, it proposes certain mitigation based on certain end users with the understanding that it is not known what each end user is going to be, what is done in that type of situation is require additional mitigation which is in the form of an additional noise study to be completed prior to the issuance of a building permit to make sure that the ultimate noise mitigation is met at the time it is known who the ultimate end user will be, developers in most instances would not know who the user of each building will be at this point. Looking at the issue of noise in general, the Noise Study looked both across Westminster and toward Island Village and determined that at the end of construction there would be no noticeable impact to the average human ear, what is being discussed is short term construction noise impacts which are currently exempted from noise standards within the Municipal Code. The Mayor asked if that means that a noise study can not be requested for noise generated from the construction, the response of the Planner was that it could be requested, explaining however that Boeing was requesting a study to determine the cost of installing the dual pane windows as compared to a noise study to show different effects based upon different types of window construction and how much it would mitigate future noise. Mayor Campbell said to her the cost estimate seemed to be unrealistically high, she was not satisfied as to where it is right now, possibly this decision should be delayed until two things are accomplished, get a second estimate and talk about the noise study. Councilman Larson indicated agreement. Councilman Doane said possibly the Boeing team would have something to add since the last meeting. I I Mr. Clay Corwin, Stonecreek representing Boeing, said he wanted to be clear on the noise study issue, his feeling is that a noise study is not appropriate language in that the noise analysis has already been done through the EIR by the 8-11-03 consultant for the City, his recollection of the discussion was to get an understanding of those units that would be affected, the Boeing team was unclear as to which units would be affected, they have been on-site since the last meeting, they have seen the materials that staff has developed with the contractor in terms of identification, and stated they are in agreement with the areas, those are units that were identified generically before as units having windows facing Westminster Avenue across from Planning area 3 which is where the concern about construction noise impacts would be. with regard to that issue Mr. Corwin stated they are satisfied thus far to resolve the sound issue which would require double paned windows which was discussed at the last meeting, a request of Mr. Sears on behalf of Leisure World to have window replacement, the Boeing team would do that in a responsible manner, with a responsible contractor, come up with a procedure that is satisfactory to the City, the Council, and the affected residents in terms of scheduling and having it completed before there is on-site work, that was their understanding of the intent, they had some concern with the initial number of replacements yet if it ends up being that, then that is what it will be. Mr. Corwin respectfully requested that this item be moved forward because he said he did not know what more could be studied in the interim, he would be willing to put the study issue behind them. Mr. Corwin indicated their willingness to do the replacement windows. Both Councilman Larson and Mayor Campbell stated that would satisfy them on that issue. with regard to the Island Village residences, Mr. Corwin mentioned that as was stated at the last meeting the Boeing team had met with Mr. Bates and other members of the Board of Island Village, just as they had held other community meetings, to understand their concerns, it is felt that they have made a number of positive changes to the project to address those concerns, an adjustment was made to the loading zone on the building nearest their property, working with staff they have relocated some of the outside trash compacting units on buildings 3, 4, and 5, a long term desire was to have a sidewalk along the property frontage, that is now a condition that they will be complying with by means of the Map, they have adjusted the exterior lighting on the buildings to deal with concern relating to visual aesthetics, adjusted the glass line as well, those things have been changed if not eliminated, the number of units in Island Village that are close, which is about two hundred thirty feet at minimum, is about four to five units before the Los Alamitos Retarding Basin cuts away and the balance of those units moves to the west, there will be a wall and screening on the back of the property at the time of final development, it is not feasible to put those things in before the rough grading is done, all of those features have been built in, and do the people of Island Village think they have gone as far as they should, apparently not, and when they started talking about doing things to building 5 which is five to six hundred feet away it was felt that those requests were beyond what was thought to be appropriate, they will continue to work with Island Village, give them notice before construction, etc. similar to what will be done for Leisure World residents, it is felt that there are a number of positive things that have been incorporated into this project. I I I Mr. Antos referred to page two of the staff report listing conditions agreed to at the last meeting, one other Jas a no cost performance item relating to watering and rough Igrading, that upon there being winds of twenty-five miles an nour or I 8-11-03 I more that they cease their work, there could also be a situation where if the last watering was at 2:00 p.m. everything dries out, the winds pickup and the dust blows over Leisure World, in such a case he asked that watering be as directed by staff, especially by the end of the day, the Boeing representative indicated that would be no problem, and asked that that condition be placed in one of the documents. Councilman Yost noted that there were other issues that would have been granted at the discretion of the Development Services Director as opposed to going through the Planning Commission, and asked if all of those had been changed in the documents. The Associate Planner stated that they had. The City Attorney noted that with respect to the Island Village comments raised earlier in this meeting, it should be kept in mind that the public hearing was closed at the last meeting, the people from Leisure World testified during the public hearing portion, that was the time that staff, Boeing, and the Council had the opportunity to respond to comments, the comments at this meeting were made at the Planning Commission with regard to the EIR and were responded to as part of the Final EIR. The City Attorney confirmed that the titles of the proposed documents would need to be read, also suggested language he added for the new Condition 32 of the Tentative Tract Map Resolution regarding window replacement if that is the desire of the Council. I Campbell moved, second by Larson, to adopt Resolution Number 5150 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 03-2 (LAND USE, HOUSING AND CIRCULATION ELEMENTS - BOEING INTEGRATED DEFENSE SYSTEMS SPECIFIC PLAN.) By unanimous consent, full reading of Resolution Number 5150 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried Campbell moved, second by Larson, to approve second reading and adopt Ordinance Number 1504 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 03-2, CHANGING THE ZONING DESIGNATION FROM LIGHT MANUFACTURING (M-l) TO SPECIFIC PLAN REGULATION (SPR) AT THE BOEING INTEGRATED DEFENSE SYSTEMS PROPERTY (2201 SEAL BEACH BOULEVARD." By unanimous consent, full reading of Ordinance Number 1504 was waived. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried I Campbell moved, second by Larson, to adopt Resolution Number 5151 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING THE BOEING INTEGRATED DEFENSE SYSTEMS (BIDS) SPECIFIC PLAN (BOEING INTEGRATED DEFENSE SYSTEMS PROPERTY)." By unanimous consent, full reading of Resolution Number 5151 was waived. It was again confirmed to Councilman Yost that the future review and approvals will be granted by the Planning Commission rather than the administrative staff. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried Mayor Campbell read in full the title of Resolution Number 5152 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING VESTING TENTATIVE TRACT MAP NO. 16375, LOCATED IN THE BOEING INTEGRATED DEFENSE SYSTEMS (BIDS) SPECIFIC PLAN AREA." 8-11-03 The City Attorney read the language of the new Condition 32 to Resolution Number 5152, "Prior to the issuance of a grading permit for any of lots 1, 2, 3, 4, 10, 11, 12, or l3 the subdivider shall install double paned windows in each of the twenty-two (22) units listed on attachment A, the estimate, with the unit owners prior written agreement to or rejection of such installation to be obtained within forty- five (45) days of receipt by certified mail, return receipt requested, of a request for agreement or rejection of said replacement program. Failure of any owner/occupant of an identified residential unit to respond in writing within said forty-five (45) day time period shall release the project proponent from any further responsibility relative to this condition." The City Attorney noted that there may be some residents that do not wish to have double paned windows, the residents need to agree to have the double paned windows, if they agree they will be installed by Boeing. I Campbell moved, second by Doane, to adopt Resolution Number 5152 as amended to include Condition 32. AYES: NOES: Antos, Campbell, Doane, Larson, Yost None Motion carried Councilman Larson said he has seen the development behind the Boeing building off of Bolsa Chica, that would not be acceptable, he hopes that Seal Beach will have a first class quality development as promised of which the City can be proud. PUBLIC HEARING / RESOLUTION NUMBER 5159 - WATER RATE ADJUSTMENT / CAPITAL IMPROVEMENT PROGRAM / RESERVE FUNDS Mayor Campbell declared the public hearing open to consider water rate adjustments. The City Clerk certified that the notice of public hearing had been mailed to each resident and property owner in June, 2003, an additional notice of hearing had been advertised, that the Director of Public Works received a total of seven written comments, three in support of the water rate adjustment and four against. The Director of Public Works noted that this presentation was made in April however it was being presented again for the information of the public, also introduced Mr. Zeke Kayiran, AKM Consulting Engineers, who performed the water rate study as well as the update to the Water Master Plan. The Director reported that the City consists of about 7,400 acres with a population of approximately 29,500, most of the City is served with the exception of Rossmoor, west of Seal Beach, which is served by the Southern California Water District, the Bixby Towne Center and Centex are served by Seal Beach. The Director mentioned that $100,000,000 is the estimated replacement cost for the water system, about seventy miles of pipe, three wells, two booster pumps, two reservoirs, over six hundred fire hydrants, and twelve hundred valves, all of which require both regular operating maintenance capabilities and capital replacement functions. Where does our water come from, water is imported from the Metropolitan Water District which is located in westminster, that water is shared with other agencies on the feeder line, the City also pumps water from the ground, a stakeholder with the Orange County Water District, the three wells are Beverly Manor, Bolsa Chica, and Leisure World, the age of that infrastructure ranges from twenty-four to forty-one years. The booster pump stations provide adequate pressures for fire fighting flow and delivery of water to the customer, one is located within the Navy Base and one adjacent to Beverly Manor, those a~e vital I I 8-11-03 I to the system and are included in the proposed Capital Improvement Program. The reservoir on the Base holds 2.7 million gallons, it is used to regulate flow from the imported water supply and for the Navy booster station, another is located at Beverly Manor that holds 4 million gallons, the total is close to 7 million gallons. There is about seventy miles of pipe, much of which is old and the City is working towards replacement of those pipes, there is a total of about five thousand meters. The Director reported that about $13.6 million of capital improvements is needed over a ten year period, one being the well north of the 405 Freeway in College Park East, if that well is not built within ten years that property will revert back to Bixby, it is necessary to do a telemetry system in that the City is currently operating with a 1960 technology with no way to adjust the system, for emergencies, mechanical upgrades, engine replacements, and geographic systems to manage the water distribution system, all is in need of replacement and upgrading. Mayor Campbell noted the mention that some of the water is imported and some is well water, and asked if some areas of the City get water from a particular source or is it mixed, the reason for the question is that when they moved to the City they were told that College Park East was served with Colorado River water, the Hill and Old Town received well water, that because of the way the pipes were laid out when the system was put in. I Mr. Zeke Kayiran responded that it is mixed, likely because the Bolsa Chica well was not constructed at that time, the closest supply point to College Park East was most likely the imported supply connection, because of the way the water is circulated in the system it was probably mostly imported water at that time. Mr. Kayiran explained that the water system is financed through charges, one is the commodity charge which is on the amount of water used, it goes into one fund and used to recover the cost of operating and maintaining the system, the costs include the purchase of water from the Municipal Water District of Orange County, paying for ground water to the Orange County Water District, utilities to operate the system, the pump stations, and performing maintenance on the system. He noted the last time the commodity rates were adjusted was in 1997, those rates vary by the amount of water used, a tiered rate, established that way in order to encourage conservation. The second charge is based on meter size, a capital charge, that is used for updating the system and implementing capital improvements, the capital charge established in 1997 varies from $7 per month for five-eighths and three quarter inch residential meters up to $1,007.93 for a twelve inch meter. The Director of Public Works noted recent media reports with regard to local ground water versus imported water, there have now been changes, in the past the City was allowed to pump seventy-five percent of its water from the basin, it is now sixty-six percent which means there will be thirty-four percent more of imported water from the Metropolitan Water District, that will increase water purchases per year by $186,000, that is covered in the Water Rate Study. Mr. Kayiran reported that over the past five years the revenues for the Operation and Maintenance Fund have been quite low, four of the five years they have been less than the expenditures, the Capital Fund generates approximately $600,000 per year and the balance as of July, 2002 was about $1.8 million. It can be seen that the existing commodity rates are short of the water system expenditures, they have not been increased since 1997 except for a minor adjustment I 8-11-03 made for purchased water, if the rates had been increased just for inflation the current rates would be fourteen to twenty percent higher, the existing Capital Fund charges had been established based on a much smaller Capital Improvement Program as recommended by the previous Master Plan, that did not really address the needs of the system, the system is getting old, many of the facilities are outdated and need to I be updated, neither fund generated sufficient revenue for reserves. Mr. Kayiran stated that the proposal is to revise the charges so that the revenues adequately cover the operation of the system and implementation of the recommended Capital Improvement Program, the recommendation is a six year program where the rates would be increased to implement the CIP. Many agencies are evaluating their systems to assure that their customers are served adequately and properly, they are in turn finding that they have to raise rates, La Habra recently raised their rates by thirty percent in the first year of a multi-year increase, the Southern California Water Company who serves Cypress, Los Alamitos, and a portion of Seal Beach, as compared to Seal Beach they are about $10 per month higher, and displayed a table showing the increases in rates and increases in 2003 dollars, a breakdown of the water bill showing the largest portion going to Operation and Maintenance, the second largest the CIP. Mr. Kayiran said there are many factors that impact the establishment of rates between the various agencies including the source of supply, Seal Beach gets a great deal of its water from the ground, which is considerably cheaper, the shape of the area is flat ground, there are not high elevations where reservoirs can be established to feed the system by gravity therefore it is necessary to pump into the system continuously, the age of . I the system is a big issue, water quality another of many issues. Mr. Kayiran stated that the recommendation is that the Capital Improvement Program and the funding alternative as presented be adopted, included in that is a fiscal budget policy to include sufficient reserves in the two funds. The Public Works Director reiterated the recommendation to adopt the proposed resolution that will adjust the water charges for the next six years. Mayor Campbell invited members of the audience wishing to speak to this item to come to the microphone and identify themselves. Mr. Jack Dampman, resident since 1966, displayed a copy of the public hearing notice he received via mail, to which he said even with the presentation he is somewhat concerned and confused, evidently this year the water is being paid for within the City budget, the notice says that the rates were calculated by determining ground water and imported water costs and estimating the cost of future needs therefore next year water will cost thirty-five percent more, twenty percent the following year, fifteen percent the next year, and then drop to three percent for the next three years, and to that he stated he is not convinced that the Council has received enough information to make a decision to raise the rates by thirty-five percent next year. A question I in the flier asks why the City is proposing a six year increase schedule, the response is that it is to lessen the initial financial impacts on the customer, yet the first year is the largest at thirty-five percent. Mr. Dampman said he cares naught what other cities charge, he merely wants Seal Beach to charge him enough to bring him good quality water, that is it, said again that he did not understand nor did he think that a case was made to raise the rates thirty-five percent. There being no other speakers, Mayor Campbell declared the public hearing closed. i 8-11-03 I The Public Works Director responded that the increases were staggered on a tier structure downward, as was pointed out by Mr. Kayiran in 1997/98 the Water Operation Fund operated at an $180,000 deficit, the following year at a $340,000 deficit, in 2000/01 the Fund was a $670,000 deficit, and in 200l/02 there was a $329,000 deficit, the money to cover that deficit was taken from the Capital Fund which must be paid back, the rates are being proposed to be raised enough to cover the basic operating expenditure costs, that is why it is eventually going to go down to three percent when there are appropriate reserves and operational cost coverage for the system. Mayor Campbell said she believed it was meant that in 1997 it was thought that the City had everything covered but they did not, rather operating at a deficit. Councilman Doane suggested that there be an explanation of the aquifer and why the City is not able to draw as much water from the ground supply as it has in the past. Mr. Kayiran said that is in addition to the City operating at a deficit in the Maintenance and Operation Fund, and explained that because there has not been sufficient precipitation in the Santa Ana River Basin, which feeds the Orange County groundwater basin, water has been used from the ground at a much higher rate than what can be replenished, the Orange County Water District, the manager of the basin, decided to lower the percentage of what could be pumped out of the ground for all of the agencies in the groundwater basin, for about the last eight years each pumper in the groundwater basin was allowed to pump up to seventy-five percent of its need from the groundwater basin at a reasonable price which was $127 per acre foot last year, however because these levels have dropped and to prevent sea water from intruding into the groundwater basin, the percentage allowed to be pumped is reduced to sixty-six percent, also, the replenishment assessment that each agency will pay to the Orange County Water District for water pumped from the ground has gone up from $127 per acre foot to $149 per acre foot, a substantial amount. Councilman Doane asked if the increased population does not create more demands as well. Mr. Kayiran confirmed that it does. I I Councilman Yost sought clarification that this is an enterprise fund which charges rates that are commensurate with the cost to provide the water and the City makes no money from that. The City Manager stated that was correct, also, clarified that enterprise fund monies are prohibited from being placed in the General Fund yet General Fund monies could be used to subsidize the Water Fund. Councilman Yost said then over the past several years the Water Enterprise Fund has been supplemented with General Fund dollars because the amount being collected in water fees was not covering the cost. The response of the City Manager was that it came from the Water Capital Fund, yet if this trend continues the Water Capital will be exhausted, and the step after that would be the General Fund to keep the Enterprise Fund solvent. Councilman Yost asked if there is a requirement to put that money back in the Capital Fund, how is the amount of money in that Fund gauged, based on appreciation and amortization of the various resources. The Manager confirmed that to be correct, it should also be noted that the program outlined, those improvements must be done, that is for safe, reliable drinking water, and many of the systems in Seal Beach, the wells, the lines, etc. when they go bad they are gone, he would suggest that Anaheim Bay and the Sewer Fund be recalled, Anaheim Bay was not anticipated and it was lucky that funds were available because the repair was costly when 8-11-03 the line gave way, the same thing could happen in the Water Fund, that the reason for the Capital amount. Councilman Yost made reference also to the hearing notice that said the intent was to lessen the impacts yet the highest increase is being imposed in the first year, why was it worded in that way, and why is the highest increase in the first year. The Public Works Director responded that the rates could have been raised all at once in the first year to satisfy the operating expenditure need but then it would have dropped to three percent the next year, instead the rates were tiered down so that the three percent would be realized over a three year period instead of raising the rates all at once the first year. Councilman Yost said his thought was that possibly they could have been raised not quite so high the first year, yet it is realized that the City is in a deficit mode as to the cost to provide the water service. The City Manager mentioned that staff looked at a va~iety of scenarios, his recollection is that if it were to be raised all in one year it would have amounted to seventy-four percent, the intent is to get the rates to a flat plain of three percent as quickly as possible, people understand that costs do go up, this seemed to be the best of the scenarios, a spike for a couple of years and then the rates drop to the three percent. Councilman Yost asked why this has not been looked at sooner in that rates have not been raised since 1997, how has the City gotten behind with the cost of providing water service. The Manager said basically one would need to go back to the budgets, first you have to provide a study, that took some time, and in the interim there were electrical energy rates that spiked, electrical pumps are used to pump the ground water, treat it, the rates should have been raised a small amount each year since 1997, had that been done there would not be this problem. Mayor Campbell suggested that the City is in the same situation as the homes that are no longer new homes, things wear out and need to be replaced, the Sanitation District just raised rates in that northern and central Orange County has infrastructure of thirty to forty years old that needs to be replaced, the rate adjustment is not sufficient to do what needs to be done so the District will need to borrow the shortfall, she has a problem with borrowing. Maintenance and Operations was artificially increased during the electric energy crisis, those costs were more than what was anticipated, bottom line is that the City can no longer operate in a deficit, if the residents use the service they need to pay for it. Councilman Antos said he found that comment interesting, then stated that a constituent recently went on a long vacation, upon returning they received a large water bill and inquired as to why, allegedly was told that the reading did not appear to be high enough therefore it was felt that there was something wrong with the meter and was adjusted, and the meter would be monitored for a couple of months. To that Councilman Antos said the people are either being charged for what they use or not charged for what they use and it is guesstimated, whatever the policy is it needs to be made public, when these people were gone they received a higher bill. The City Manager offered that those types of instances occur once in a great while, sometimes people are away believing that their water is off, an irrigation line cracks as an example or a pipe breaks. Councilman Antos countered that the meter reading was correct, the residents were gone, they did not use water, the meter reading was down, yet they were charged a higher rate because it: was said there might be something wrong with the meter reading correctly, they received a large bill yet used no water. The I I I I I I 8-11-03 Manager again said people are charged only for what they use if they have an issue, they can come to the City and ' something is always worked out with the rate payer, he has no knowledge of this instance, as an example, even if it can be seen that this happened, it will still not affect the rates as substantially as is thought, every effort is made to work out such situations. Larson moved, second by Doane, to adopt Resolution Number 5159 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADJUSTING WATER RATES." By unanimous consent, full reading of Resolution number 5159 was waived. AYES: NOES: ABSTAIN: Campbell, Doane, Larson None Antos, Yost Motion carried CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The City Manager displayed a newly constructed directional sign to the Red Car Museum and signs advising of the prohibition of all fireworks in the City of Seal Beach that will be posted at every entrance to the City. CITY COUNCIL COMMENTS Councilman Yost thanked staff for the Red Car Museum sign on behalf of the Seal Beach Historical Society, stating that the past tells where we are going and who we are. It was confirmed to Councilman Antos that it is believed that a Redevelopment Agency meeting will be held on the next meeting date. Mayor Campbell reiterated that the City is working as quickly as possible to resolve the dog issue, in the meantime the Ordinance prohibiting dogs in parks is in effect and will be enforced. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, August 25th at 6:30 p.m. By unanimous consent, the meeting was adjourned at 9:40 p.m. clerk Approved: Attest: