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HomeMy WebLinkAboutCC Min 2001-03-26 3-12-01 / 3-26-01 I City to celebrate the Day, allowing businesses to flourish yet have a resident friendly environment as well. Mayor Campbell reported receiving a call from a resident who was more than appreciative of the efforts of Officer Vilensky who returned his lost wallet in which the caller said he had his life. The Mayor also announced that the State of the City luncheon will be held on March 21,t, 11:00 a.m., at Old Ranch Country Club, suggesting a call to the Chamber of Commerce office for reservations. CLOSED SESSION No additional Closed Session was held. ADJOURNMENT The meeting was adjourned until Monday, March 26th at 6:30 p.m. to meet in Closed Session. Mayor Campbell, with. unanimous consent of the Council, adjourned the meeting at 7:29 p.m. in memory of patricia O'Connor. Approved: clerk I Attest: Seal Beach, California March 26, 2001 The City Council of the City of Seal Beach met in regular adjourned session at 6:34 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None I Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, a conference with legal counsel pursuant to Government Code Sections 54956.9(b) and (c) with regard to the possible initiation of litigation, and pursuant to Government Code Sections 54956.9(a), two cases of existing litigation. The Council adjourned to Closed Session at 6:35 p:m. and 3-26-01 reconvened at 7:05 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 Attorney, no other reportable action was taken. ADJOURNMENT It was the order of the Chair', with consent of the .Council, to adjourn the meeting at 7:07 p.m. I Attest: Seal Beach, California March 26, 2001 I The City Council of the City of session at 7:09 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 Boyd, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. .Whi ttenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Ms. Beard, Director of Recreation, Parks, and Community Services Ms. Arends-King, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Yeo, City Clerk , , I APPROVAL OF AGENDA Councilman Yost requested that Items."N, 0, and Q" be removed from the Consent Calendar for separate consideration, Councilman Boyd requested Item "M" removed, and Councilman Larson requested item Up" removed. Yost moved, second by Boyd, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried 3-26-01 I ANNOUNCEMENTS Mayor Campbell mentioned having received a chocolate birth announcement of the Corbin twins, a boy and a girl, to which she conveyed congratulations to the new family, Mr. Corbin just recently having left his employment with this City. The Mayor mentioned that the Community News section of the Orange County Register is being discontinued, Seal Beach resident Ms. Emily Frazier has been" writing a column for that Section and is now moving to write for the News Enterprise. Councilman Yost announced the upcoming Seal Beach 10K Run on Saturday, April 7th. Councilman Boyd reported the Chamber sponsored beach cleanup on Saturday netted four thousand pounds pf debris, thanks to the volunteers. PUBLIC COMMENTS Mayor Campbell declared Public Comments to be open. Ms. Seretta Fielding, referred to the agenda item for Seal Beach Boulevard Rehabilitation and Regional Trail Project, stated that after seventeen years .of.. requesting improvements to. the Boulevard, she would urge the Council to vote unanimously in support thereof. ,The recommendation to a member of the audience was to speak to the cell tower issue at the time that item is considered. There being no further comments, Mayor Campbell decl~red Public Comments closed. PRESENTATIONS I CALIFORNIA PARKS and RECREATION SOCIETY - CITATION AWARD Mayor Campbell announced that Ms. .Beard, the Recreation, Parks, and Community Services Director, is this year's recipient of the California Parks and Recreation Society Citation Award, recognition of professionalism in her vocation and contribution to the California Parks Society, and extended congratulations to Director Beard. MAYOR's BUSINESS BEAUTIFUL AWARD Mayor Campbell presented the Mayor's Business Beautiful Award to Mr. Bob Barger of Marie Calendar's Restaurant, this business having been in the community for thirty-one years, a credit to the community. Mr. Barker accepted with appreciation and on behalf of his staff, the business having enjoyed serving the City of Seal .Beach. I WEST COAST ARBORISTS Mr. Andrew Trotter stated he is the Vice President of field operations for West Coast Arborists and his company has had an enjoyable relationship with Seal Beach for several years. Mr. Trotter said he wished to share information relating to an exciting project of West Coast, noted the requirement for recycling with the enactment of AB 939 which has been an issue for all California communities, West Coast has worked cooperatively with Seal Beach, has done mulching projects from tree branches to aid weed abatement, two years ago they embarked on a partnership with the California Department of Park Forestry to develop a better use for logs when trees are removed, this year about a thousand trees have been pruned in Seal Beach, around two hundred fifty have been planted, only a few removed, in that regard the urban trees are being milled into lumber and the result is wooden benches, the one on display is being given to the City to use at it's discretion, tqis is an effort to turn removed trees into a better use than going to a disposal site. He mentioned that college and high school woodshops have been using their materials as well. Mr. Trotter left brochures relating to their bench project. To a question from Council as to 3-26-01 whether West Coast is involved in the plans or plantings at the Bixby Towne Center, Mr. Trotter stated he has not been involved, however has worked with the Park Supervisor and the tree committee on the master plan for street trees. Mr. Trotter was thanked for his presentation. TREE ADVISORY BOARD PRESENTATION Mr. Ron Bennett stated he is a five year member of the Tree Advisory Board. Mr. Bennett commenced a slide presentation and comments thereto. I The role of urban forests, trees in parks, yards, public spaces, and along streets improve environmental quality, increase the economic, physical, and social health of communities, foster civic pride and will be important to the quality of life in these communities and will continue to grow in the next decade; Urban and community forestry has been recognized as a cost effective means to address a variety of important community and national issues for improving air quality and combating:~lobal warming; Trees can have long reaching effects on the quality of air and water in communities, on the amount of money spent to cool and heat houses, on the value of property, and the attractiveness of neighborhoods and public spaces; Rapid urbanization of cities during the past fifty years has been associated with a steady increase of downtown temperatures of about one degree Fahrenheit per decade, as temperature increases and the demand for cooling increases so do carbon dioxide emissions from fossil fuel power plants, municipal water demand, unhealthy ozone levels, and human discomfort and disease; I Urban forests can reduce atmospheric C02 in two ways, trees directly sequent C02 as a woody and voluble biomass while they grow, trees near buildings can reduce the demand for heating and air conditioning thereby reducing emissions associated with electric power production, trees that shade asphalt surfaces and parked vehicles reduce emissions of hydrocarbons that come from leaky fuel tanks and worn hoses as gasoline evaporates, the evaporating emissions are a principal component of smog, parked vehicles are a primary source; Mention was made that on the day the slides were taken no trash or debris was found on the local beach; Urban stormwater runoff is a major source of pollution entering the Pacific Ocean and its tributaries, after storm events certain beaches are closed. to swimming due to unhealthy levels of pollutants, finding the source of these pollutants is difficult because the region is so large and hot spots appear and disappear quickly, a healthy urban forest can reduce the amount of runoff and pollutants to, receiving waters, trees intercept storm rainfall on leaves and branch surfaces thereby reducing runoff volumes and delaying the onset of peak flows, root growth and decomposition increase the capacity and rate of soil infiltration by rainfall and reduces I 3-26-01 I overland flow, urban forest canopy cover reduces soil erosion by diminishing the impact of raindrops on baren surfaces, trees can delay the time of peak runoff because it often takes ten to twenty minutes for a tree crown to become saturated and flow to begin from stems and trunk to the ground, by reducing runoff from small storms, which are responsible for most annual pollutant washout, trees can protect water quality; One of the assets in Seal Beach is the' greenbelt; Trees add color, texture, line and form to the la~dscape, they soften the hard geometry that dominates built environments, well maintained trees increase the curb appeal of properties, research comparing sales prices of residential properties with different tree resources suggest that people are .will'ing .to pay three to seven percent more for properties with ample tree resources versus few or no trees; Trees provide important settings for recreation in and near cities; Research of the aesthetic quality of residential streets have shown that street trees are the single strongest positive influence on scenic quality; I Trees provide an economic benefit to citizens and merchants in Seal Beach, citizens by improved property values and quality of life, merchants with customers who come to Seal Beach for that small town feel of an earlier America, this was borne out by the Main Street Specific Plan of 1996, that report commented favorably of the tree line downtown but noted eighteen missing trees, the report recommended replanting those trees, to date eight trees have been replaced; In the past ten years more trees have been removed than have been replaced, but that is actually not a true statement, what has been done however is reduction of the tree cover immeasurably, that amounts to taking a tree with a thirty by thirty foot head, that is twenty- seven thousand cubic feet of tree cover, replaced by a tree with a three by three foot head, that is twenty- seven cubic feet of tree cover, so in reference to delayed runoff you have lessened the impact by having small trees replacing large trees; I This proposal is a Tree Commission with authority to review and approve tree removals, review and approve street tree plantings, research alternate methods of saving trees, and avoid costly mistakes, their goal is to be effective and cost efficient in replanting the City of Seal Beach; Forty years ago the Hill area was planted with black locust trees, fast growing trees to seventy-five feet with white fragrant flowers that hang in dense clusters of four to eight inches long, the problem, the trees after approximately forty years are forty feet tall with pale pink flowers, the trees appear to be a hybrid, there are very few left, that is the important aspect; A picture was shown of one of eleven trees that were removed in early October, those trees have an average 3-26-01 age of thirty plus years, it is a sobering thought that is his lifetime he will not see another tree of that size in that spot again; Slides were shown of some mitigation measures used in Redwood City, the projection of nodes in the street causes a visual narrowing of the streets, slows traffic, it also allows a large tree to exist and overhang the street magnifying it's effect, without the creation of a node the large tree would have been removed; in certain cases sycamores have been allowed to grow to adulthood by swinging the sidewalk into the city setback, co- beneficiently it makes the sidewalk more interesting, otherwise the sycamores would have been removed, an inexpensive fix solved a problem that ,allowed the benefit of these trees, this procedure allows larger species to be planted in a narrow parkway, there are only a few street trees that can be planted successfully in small parkways, the availability of desirable trees relates directly to planting space, these just a few measures that can be taken to save adult trees or allow larger trees to be planted; I The desire is to avoid costly mistakes that result'in dollars wasted and trees that will need to be removed at a later date, in 1997 thirty-six inch box teefu trees were planted along Pacific Coast Highway i~ Dana Point, planted on twenty-five foot centers, they grow to fifty feet wide, they require eight by eight foot cutouts or sixty-four square feet minimum growing space, they were planted in four by four foot cutouts or sixteen square feet of growing space, this an example of instant gratification with guaranteed expense down line, in this case the sidewalks are now raised and have been ground down to avoid a'trip and fall, these trees were planted five years ago, a nice hardscape design allow the four by four planting cutouts in what was previously a five foot sidewalk, it was reported in the press that over $500,000 was being spent on this project, the shame is that in five years the sidewalk is damaged and the life of the trees shortened, within the next ten years the trees will need to be removed and a good part of the hardscape redone, that city will face the additional expense however the correct planting procedure could have resulted in forty to fifty years of benefit with little cost; I In a city to the north a number of relatively simple ideas have resulted in a freshly treed business district that welcomes residents and visitors alike, again a corner node allows a large planting area with a traffic calming effect of visually narrowing the intersection but in actuality the node projects no further that would a parked vehicle, the simplicity of the design shows its practicality, the free standing node requires no modification of curb and gutter, thatan.issue of importance for cities such as Seal Beach where curb and gutter levels require replacement to facilitate drainage, as the case of the 300 block of Main Street, in that city a piece of diamond plate steel bridges the curb/node separation allowing flow along curb base and easy access if necessary, however aluminum would be a recommendation rather than steel to avoid the rust situation, a shaded bench is a pleasant.place to sit, then beyond that .it takes up less of the planting area, I I I I 3-26-01 adequate space for flowering and perennial plants and trees are provided for, also, the choice of species is appropriate for the space available; The"goal is restoration of the urban forest with its intended benefits and the reduction of expense from inappropriate procedures, together this can be made to happen, with that a picture of a fairly recent tree planting on 7th Street was shown. Dr. Rosenman, Seal Beach, noted that the semi-ad hoc tree group was started about five years ago, the. group was able to obtain grant monies which helped to secure 'other grants, one of the results is the median on Seal Beach Boulevard, his feeling is that parkway trees are a land trust in another greenbelt in addition to that that exists along Electric, a concern of his is with tree removals where replacements are not seen, it is felt that if the City were to move to a tree commission approach it would provide a buffer in order to maintain the trust for the future inasmuch as when a tree is taken out it takes many years before a tree of. equal size grows back. Dr. Rosenman stated that the committee has become aware that on occasion people and trees interact, when that occurs it is difficult for staff, the ,commission would act as a buffer for staff and provide protection for the trees as well. Councilman Boyd expressed his recognition and appreciation of the efforts of the tree advisory board, their assistance in developing an approved planting list, and working with staff for an understanding of the commitment to the urban forest. Councilman Boyd moved to direct staff to prepare a resolution to establish a street tree commission with the responsibility to review all street tree removals and recommendations for removal, review and recommend all street tree plantings, develop and maintain an approved street tree list for use by the City and its residents, participate with Public Works and Park staff to develop and recommend standards of improvements to the Council for street tree improvements in the public right-of-way, to seek grant funding, and that the street tree commission be compensated in accordance with the civil Service Board and the Planning Commission. It was pointed out that the majority of boards and commissions do not receive compensation. To that Councilman Boyd suggested that issue should be looked at as well. Councilman Yost seconded the motion of Councilman Boyd. Mayor Campbell stated her intent to not support the motion, this would take authority out of the hands of the Parks and Recreation Department, in her opinion the authority to remove and replace trees rests with the City Council and the Parks and Recreation Department, not an advisory group. Councilman Yost indicated he does not favor increasing government, possibly establish a sunset clause, yet he has seen as example a large eucalyptus tree near his home removed, there is need to find a way to maintain the quality of life and improve property values, that can be done to some degree by retaining trees, his belief is that the tree committee is the right direction to find a way. with regard to a concern expressed by Mayor Campbell, Councilman Doane noted that all of the official committees have staff representation, .his recommendation would be that either the Parks Supervisor or Recreation Director participate in the meetings. Councilman Boyd offered to add to his motion that the Recreation , 3-26-01 Director or her designee attend the meetings of this group, also, for the purpose of public safety staff would still have the ability to recommend that a tree be removed, his intent is not to circumvent that. The Mayor asked who then has final authority. The City Manager mentioned that the tree preservation ordinance, 1465, states that the City Manager has final authority for the removal of trees after visual I inspection and valuation, if the motion is adopted then Ordinance 1465 would need to be amended to substitute the Tree Commission for the authority of the City Manager, there should also be some provision for appeal to the Council, and rather than designating the Parks and Recreation Director it could be left as the City Manager or designee. As maker of the motion, Councilman Boyd agreed, the City Manager could then assign a representative. The Mayor again inquired as to authority, would the Recreation Director have authority over the committee, would the committee have authority over the Director, this is a concern. Councilman Boyd said it seems this issue is being raised to the level of , a policy decision in that the urban forest is a policy matter not just administrative. Councilman Larson stated that all of the Council has an interest in trees, for this committee to suggest that the Council does not is wrong, the ,Council has access to the Parks Commission, the City has a fine Parks Director, consultants can advise the City as to what needs to be done. Councilman Larson expressed displeasure with a communication received from the tree group calling all of the City efforts irresponsible and unnecessary, alleging that staff has learned nothing, that anything done is shoddy or non-existent, and stated he would personally not, vote for any I group that thinks of the Council and staff in that manner. He offered that if their request is turned down it will be over, if they have authority to bother all of the citizens ,with tree issues it will become a battle, everything will be appealed, and they will be on the case of the City for years to come, if the downtown and Hill Council representatives want this group in their areas that is fine. Councilman Lar~on described a situation in College Park West where a tree had raised the sidewalk, it could have been a potential liability, the Recreation Director agreed that 'the tree should be removed, the Public Works Director agreed to repair the curb and sidewalk, yet it took months to be done because it was found that it was the tree committee who decided it was they who should make the decision as to what should be done. Councilman Larson stated he does not want this committee to be making decisions for College Park West, those residents could form a group to make their own decisions for their area. To the motion as stated Councilman Larson said he would vote no. The Mayor agreed, citing the fact that the various areas of the City are diverse, each having its own needs, if someone in College Park West comes to the City to remove a tree and is denied, that is not right, there are dangerous situations with trees pushing up, to save a tree just because it is beautiful is a problem, there are trip and I fall issues with uplifted sidewalks, in CPE there are no parkways therefore this is a concern, there 'may in fact be a tree in the first three feet of a property that is a City tree, however not many are left because when they were planted some thirty to thirty-five years ago they were all bad trees. Mayor Campbell reiterated her concern with creating a commission that overrides an entire existing City department, a concern with giving a group authority over decisions of the Department Director and ,parks Supervisor, these employees are doing a fine job. Councilman Larson stated again he did not want to create a commission that may I I I 3-26-01 treat the public in a similar manner as they communicated to the Council and the City employees. Councilman Boyd said he understood the comments to some degree, by supporting the group his intent is not to create a buffer, this however is a opportunity to be productive and utilize citizens that have expertise in the matter to the benefit of all, he would not be opposed to creating a commission to work in the Old Town district, his belief is that it would benefit the area, would not be a hostile or adversarial relationship, he would do this inasmuch as a number of people have indicated an interest in participating in the tree commission. Councilman Boyd stated he would amend his motion to create the tree commission for District One, and include District Three if that were the desire of the Council representative. Councilman Yost stated he is not supportive of such divisions within the City, he understands the concerns,:of Councilman Larson, his preference would be to find a way to work through the issue, at the same time find a way to attain more street tree coverage similar to the Rossmoor community. The Mayor responded that it will not be done at all then because it is not fair to force something on another district, Councilman Larson too responded that it is not a matter of not wanting a program to have nice street trees, it is a matter of how it is done, he merely does not want this issue turned over to another group. The Mayor mentioned again that college Park East does not have parkways, if a City tree is planted it is within the first three feet of the landscape of a residence, to have a group telling residents that they have to work their landscaping around a tree, that is prob~ematic, her concern is still with authority. Councilman Larson suggested that the City Manager, with his past experience; submit a proposal as to how this could work. Councilman Doane said he felt the discussion and directives are premature, the request was for a resolution from staff, that should then be agendized for discussion. Councilman Boyd stated he would withdraw his motion and request staff to discuss with a representative of the tree advisory board amendments to Resolution 4500 which established a City tree advisory board, to facilitate some of the issues, his belief is that there are some measurable objectives that are desirable, at this point Council agreement is not foreseen, therefore that this discussion be continued. councilman Yost suggested a public workshop be held first and then have the City Manager work on policy for Council consideration, the City needs to go forward to improve the quality of life and property values throughout the community, what is needed is how to get there. councilman Larson was critical of the past resolutions which contain no final resolve clause, thus do nothing, to that Councilman Boyd stated again that the intent of his motion was to refer Resolution Number 4500 to staff for review in cooperation with a representative of the tree advisory board to develop some form of cooperative effort, addre'ss the issue of authority, etc. Mayor Campbell again expressed concern with the issue of authority and uncertainty as to whether it is desirable to pass that on to a tree commission. Councilman Boyd .noted that the referenced Resolution states that the tree advisory committee shall provide assistance to the Council in the preparation of a_street, Tree Preservation and Improvement plan, he was not certain if that has been done, amendments to Resolution 4500 need to further define the scope and responsibilities of the tree advisory committee, development of the referenced Plan, then come to the Council for a policy determination that may encompass all 3-26-01 of the issues discussed. No objection was expressed. Mr. Bennett addressed the Council again, stated that under the Ordinance all tree removals are under the authority of the City Manager, there was no intent to take away that power, if there is a safety issue there is no ~uestion as to removal, there was also no goal to seize power, the issue was that trees were being lost that did not have to be lost, in response to comments relating to the letter sent to Council, Mr. Bennett said it was basically the result of five years of frustration, not aimed at any individual, the specific instance cited was on the desk of someone for fourteen months, the tree advisory board did not hold. it up, when the report was received it was dealt with in a timely manner, out of five'trees under consideration his recommendation was that four be removed, when he inspected the College Park West tree the sidewalk was being replaced which meant when the tree was removed the sidewalk would be damaged again, to him that was a waste of money, as to the eleven trees removed on the Hi'll no sidewalk work has been seen, in some instances trees are removed then no sidewalk replacement is done, ,in other instances sidewalks are repaired before taking out the tree. Ms. Jan Stillwell, an initial member of the tree advisory board, was introduced, stated all have a common goal, they want to work together, and have some input to the City towards a steady growth of the urban forest. Mr. Bennett said he has worked with the Recreation Direc~or since her arrival, has no complaints, there are pressures placed upon her from many people, the tree commission could isolate her from those pressures, tree removal still lies with the City Manager, the committee would like to explore methods other than removal, too, if trees are going to be planted let them be from the tree list that was developed, as it can be guaranteed that if a tree is planted in a four foot parkway that requires an eight foot ,area that will only result in a future removal of that tree, a waste of time' and money and need to start over again, that is an issue of frustration, their intent is to do a good job, not to seek, more responsibility. Dr. Rosenman offered his belief that the referenced letter was written during the period of interim City management at which time a number of calls from the public were made to members of the Council and the tree committee with regard to tree removals. He stated also that if the committee is fragmented by districts it is difficult to see how much grant writing and fund raising can be accomplished, suggesting that possibly people from College Park East should become involved with the tree committee. The Mayor expressed the opinion that there is one policy decision the Council will need to think about, is this going to be approached from the standpoint that a homeowner is going to be required to have a tree in their yard whether they want it or not just because it benefits the community, o~ if there is an existing tree and someone wants it to be removed, do they have that option, if there will be blanket decisions that everyone must live by it becomes a philosophical statement that the City has no right to force upon its residents. The response of Dr. Rosenman was that the existing Ordinance requires that if a tree is taken out it must be replaced with a tree of a certain size or monies are required to acquire trees to be placed elsewhere. Again to the question of requiring a'homeowner to have a tree, Mr. Bennett assured that the discussion relates only' to parkway trees, not trees on private property. The Mayor countered that about twenty percent of College Park East; the older area, has parkways, with the newer development the City has a three foot right-of-way at the property frontage, initially I I I I I I 3-26-01 trees were planted there, now most have come out. Mr. Bennett offered that even though the City may have a right- of-way he could not believe that the City would have the right to enter a front yard to plant a tree, this discussion relates to parkway, park, and greenbelt trees. It was also clarified that the existing Ordinance requires a person to replace a removed tree and to purchase others for placement at another location, to that question was raised as to'who is going to enforce that requirement. Dr. Rosenman said during a recent discussion with the City Manager it was mentioned that in the City of Dana Point there was someone on staff with the expertise and training to deal with trees, yet it is not anticipated such a position will be budgeted here, the tree committee tries to deal sensibly with people, in most cases where the committee has been' approached they have agreed to allow a tree to be taken out, a couple of times there was the requirement that it be replaced on the property or elsewhere, there is also the issue of conflicts between neighbors when one wants a tree removed, others do not, that may require some ,form of noticing requirement. Mention was again made that people need to be treated fairly and with dignity, recognize the differences between the various areas of the community, there needs to be caution in applying this across the board. It was noted that it would be the Council who would be making appointments to this commission. Councilman Boyd put forth a motion to direct the City Manager to meet with members of the Council and representatives of the tree committee to develop a plan that meets the objectives of all for Council consideration. Councilman Yost again suggested a town hail ~eeting, to thatCoun~ilman Boyd said he would leave that to the discretion of the Manager. Councilman Larson seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried APPOINTMENT PLANNING COMMISSION - DISTRICT FIVE Councilman Doane mentioned again the many well qualified, knowledgable persons who had expressed interest in this position. He offered for appointment Mr. Phil Ladner as the District Five representative to the Planning Commission for the unexpired term ending July, 2003. Larson moved, second by Boyd, to approve the appointment of Mr. Ladner. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CONSENT CALENDAR - ITEMS uF" 'thru "0" Boyd moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except for Items "M, N, 0, P and Q", removed for separate consideration. F. 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 reading of the title unle~s specific request is made at that time for the reading of such ordinance or resolution. G. Approved the minutes of the March 12, 2001 regular adjourned and regular meetings. 3-26-01 H. Approved regular demands numbered 31470 through 31608 in the amount of $899,324.85, payroll demands numbered 11217 through 11358 and 27708 in the amount of $157,833.94, payroll liability account 9000358 through 9000550 in the amount' of $86,200.31, and authorized warrants to be drawn on the Treasury for same. I 1. Received and filed the Monthly Investment Report for January, 2001. J. Approved the proposal to provide Special District Administration for Street Lighting Maintenance District No. 1 by MuniFinancial, a Willdan Company, for fiscal year 2001/2002. K. Approved the proposal for Special District Administration of Surfside Colony Assessment District Number 2000-1 for fiscal'year 2001/2002. L. Adopted Resolution Number 4881 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE CLOSURE OF THE NORTH AND SOUTHBOUND TURN POCKETS LOCATED AT THE MAIN STREET/PACIFIC COAST HIGHWAY INTERSECTION." By unanimous consent, full reading of Resolution Number 4881 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "M" - RESOLUTION NUMBER 4883 BOULEVARD PAVEMENT REHABILITATION ~ To the inquiry of Councilman Boyd regarding potholes appearing on Seal Beach Boulevard, the Director of Public Works responded that that falls under the sewer contract and relates to settlement, a compaction problem, this is under the guarantee for the sewer replacement; the, paving contractor will then grind the surface and repave the area. Boyd moved, second by Doane, to adopt Resolution Number 4883 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #754 AND #990, CONSTRUCTION OF THE SEAL BEACH BOOLEVARD PAVEMENT REHABILITATION ENTERED INTO BETWEEN E. C. CONSTRUCTION COMPANY AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4883 was waived. COMPLETION - SEAL BEACH PROJECTS NUMBERED 754 and AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEM "N" RESOLUTION NUMBER 4882 - CALIFORNIA COASTAL CONSERVANCY AGREEMENT and ITEM "0" - ORANGE COUNTY URBAN WATER RUNOFF GRANT PROGRAM FUNDING REOUEST Councilman Yost stated he had removed these items to inform the public as to what is being done with regard to water quality, a grant funding agreement with the California Coastal Conservancy under the Seal Beach Ocean Water Quality Program, and a grant proposal in the amount of $30,000 to Orange County under the Urban Water Runoff Grant Program for I I I I 3-26-01 installation of citywide catch basin filters, under this Program the City's matching funds will be in the amount of $30,000. Yost moved, second by Boyd, to adopt Resolution Number 4882 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA COASTAL CONSERVANCY" and to authorize submission of a grant application to the Orange County Urban Water Runoff Grant Program. By unanimous consent, full reading of Resolution Number 4882 was waived. Councilman Larson inquired as to what is intended for the Leisure World catch basins. The Director of Public Works said the City would encourage Leisure World to do a similar project, staff would be willing to help them in the process to seek funding. In response to question of Councilman Doane, the response of the Public Works Director was that all of Leisure World drains into the Los Alamitos catch basin, the filters catch the debris before draining into the system. Councilman Boyd commended this effort. Boyd, Campbell, Doane, Larson, Yost None Motion carried AYES: NOES: ITEM "P" HOUSING ELEMENT STATUS REPORT Councilman Larson mentioned that in the latest League of California Cities Newsletter it was said there are several bills in the legislature that will require the State to withhold all monies if the cities'do not have an appropriate Housing Element, therefore it is important to have the Element completed by the first of the year. Larson moved, second by Boyd, to receive and file the status report relating to the Housing Element update. AYES: NOES: ITEM "Q" ORDINANCE NUMBER 1471 - AMENDED/RESTATED DEVELOPMENT AGREEMENT - HELLMAN PROPERTIES Councilman Yost requested an additional sentence under Section 4 of the Ordinance highlighting Section 28 of the Coastal Development Permit that requires the remaining mineral production land to be deed restricted for wetland acquisition and restoration for twenty-five years from the time that land comes out of mineral production, this provides resolution of the land use of all of the Hellman property. The City Attorney advised that being an ordinance the language would not require the concurrence of the applicant even though he was present, the City Manager asked however that acceptance be verbal for the record. Mr. Jerry Tone, Hellman Properties" agreed to the amendment inasmuch as it merely states thee-language of the Coastal Permit. Boyd, Campbell, Doane, Larson, Yost None Motion carried Boyd moved, second by Yost, to approve the introduction and first reading of Ordinance Number 1471 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE 'HELLMAN RANCH SPECIFIC PLAN', as amended." By unanimous conse;nt, full reading of Ordinance Number 1471 was waived. AYES: NOES': Boyd, Campbell, Doane, Larson, Yost None Motion carried 3-26'-01 It was the consensus of the Council to receive the staff report relating to the Verizon wireless monopole before the Seal Beach Boulevard Project item, after a brief recess. The Mayor declared a recess at B:29 p.m. arid reconvened the Council at 8:46 p.m. REPORT - VERIZON WIRELESS MONOPOLE - ZOETER FIELD - HEALTH/ SAFETY CONCERNS The Assistant to the City Manager noted that on October 9th, 2000, the Council approved a lease agreement with Verizon Wireless for installation and operation of a wireless communications facility at Zoeter Field. Recently a number of residents adjacent to Zoeter Field have ,contacted staff expressing concern over future health risks that may be posed by radio frequency energy emanating from Verizon's monopole, the pole having been installed approximately ,ten days ago. The Assistant mentioned that both Verizon and City staff are cognizant of public concerns about health effects from human exposure to radio frequency fields, accordingly the safety concerns have been addressed in two supplemental narratives to the staff report. In addition, he mentioned that the October staff report and the lease agreement fully addressed the issue of safety concerns associated with radio frequency radiation, an example, 'that Verizon will provide evidence that it's communication facility complies with all Federal Communications Commission regulations and standards governing radio frequency radiation....the City may at any time require Verizon to test its equipment for levels of radio frequency energy'. The Assistant introduced Mr. Tim O'Malley, the manager of radio frequency engineering for Verizon, Southern California, who in turn introduced his assistant Mr. Andrew Calley. Mr. O'Malley stated there is considerable confusing information on radio frequency emissions and he appreciated the opportunity to clarify certain points. He reported there is a need for cell sites, the one hundred million customers nationwide continue to increase, their customer base doubles each year, there is a growing number, of people who are moving away from traditional land line service for both wireless and home use, many who do not even subscribe for land service, as demand ,for service increases cell sites are added in key areas, such as Seal Beach, to provide capacity and coverage, there are over one hundred sites in Orange County, without the sites cellular communication would not,be possible. Mr. O'Malley said Verizon Wireless has stringent policies in place for testing its equipment for compliance with regulations set by the Federal Communications Commission, Federal Aviation Authority, National Environmental Policy Act, California Public Utilities Commission, the Coastal Commission for coastal cities, local land use, and building codes, and an internal standard is that Verizon build cell sites to withstand earthquakes and with a battery backup in the event of power outages, the Zoeter site and all others comply with all regulations of those agencies, the industry is well regulated. Mr. O'Malley offered that Verizon Wireless is very low power, has stringent policies in place for testing its equipment for compliance with regulations of the authorities previously reported. He said the wattage transmitted at a cell site falls somewhere between a kitchen can opener and a hair dryer, the Zoeter Site will have a maximum of one hundred watts of radio frequency power into the antenna with typical transmit power much less, as a comparison, an FM radio tower transmission is generally one hundred thousand watts, an AM radio tower generally fifty thousand watts, a cell phone itself is about a quarter watt I I I I I I 3-26-01 if at full power. He mentioned that many organizations play a role in setting radio emission standards such as the Institute of Electrical and Electronic Engineers, American National Standards Institute, National Council on Radiation Protection and Measurements, the International Radiation Protection Association, and again, Verizon has stringent policies for testing its equipment for compliance. As to how safety standards are set, Mr. O'Malley advised that Verizon does not participate in setting radio emission standards, those are dictated'by the organizations previously mentioned, as an example ANSI participates in the standard setting process, a group of over one hundred twenty engineers, doctors, scientists, with participants from academia, government and private laboratories, they look at relevant studies, engineering and biological validation, a range of conditions are used to determine what constitutes safe exposure levels, safe exposure levels are then further reduced by a factor of fifty, standards are continually reviewed to account for new research, safe exposure levels are published and adopted by the FCC, and they mandate wireless companies to comply with ANSI safety standards. He mentioned that the FCC encourages local jurisdictions to consult their publications when addressing'issues relating to cell sites in their community. Mr. O'Malley showed a graph of the Zoeter Field calculated radio emissions as a percent of the FCC safety threshold, as shown on the graph, anything above the one hundred percent would be considered a high level as defined by that agency, if the site is determine to be high level then the wireless carriers are required to provide some type of mitigation to the cell site, he referenced the graph again showing the distance from the pole at twenty feet above ground level, maximum power out with the main beam of the antenna, the calculations done at three directions, at the same height and power, the alleys are beamed forty, one hundred ten, and three hundred twenty degrees true north, there is no beam pointed down the alley towards home plate. As to service benefits, Mr. O'Malley stated that wireless communication services benefit communities, provide a direct line to local and state police, emergency professionals, and fire departments, each day more than one hundred eighteen thousand calls are made to 911 from wireless phones, more than forty-three million a year, Verizon is one of the nation's largest and most advanced wireless systems, cell sites have backup batteries for communication even during a commercial power loss, their company stays on top by listening to the communities they serve. He mentioned that Verizon will fund a third party engineering firm to test the Zoeter Field site for radio emissions, noted also that two months ago Verizon received a call from the Police Department for cell phones after a flood incident, they were delivered the next day, Verizon has an, emergency response team, a fleet of portable power generators stationed around Southern California as well. Mr. O'Malley said Verizon is the largest and most advanc~d system, the Zoeter site will be ready to start transmitting about the second week of April, at that time an engineering firm will be retained to test emissions at the site, they would be willing to have the site tested every year, or provide a written report from the Verizon engineering staff, there are presently over a thousand sites on-air in Southern California, tis staff is currently dealing with over four hundred sites in various stages similar to that of Seal Beach. To a question from Mayor Campbell, Mr. O'Malley said he believed the pole is two hundred fifty feet from the pre- school, Mr. Dorsey estimated the distance from the play yard 3-26-01 as ,one hundred fifty to one hundred seventy-five feet. Councilman Boyd spoke in support of Verizon funding a third party eng1neeringassessment, and pointed out that the FCC preempts the City on a number of issues. Ms. Lila Donnelly said she lives across the, street from this site, claimed that the site has more equipment than was shown in the picture, questioned the selection of Zoeter Field for a cell site, if it is public property do they have the right to place a tower there, given the research that she and others have done it is not known what this will do to young people and others in the vicinity, does the City, which is responsible for its citizens, want to take the chance of having this tower at Zoeter. Mr. Jeff Evans, resident, mentioned that Mr. O'Malley and Mr. Dorsey provided a lot of information, not only is it confusing information but there is conflicting information as to problems with radio frequency, the information of Mr. O'Malley dealt with the need for sites and regulatory information bf various organizations who have done studies on RF emissions but he failed to provide the conflicting information relating to these emissions in that there are numerous, studies that cite biological, cancer, and psychological health problems from low level emissions, the tower at Zoeter Field does emit low frequency emissions, whether or not these emissions cause health problems ,is aubject to considerable debate in the scientific and medical communities, there are presently lawsuits claiming health problems from emissions through the use of cell phones as well as the base antennas and their emissions, at this point no one can say what affect the emissions from the Zoeter tower will' have ~n the children who attend the Zoeter preschool or the neighbors. Mr. Evans mentioned a study by the Stewart Commission in England that , focused on base antennas, that Commission recommended a precautionary,approach when deciding where to place a mobile base antenna until such time as more detailed and scientific information on health affects become available, that national and local government, industry, residents and consumers should become actively involved in the concern of health affects of mobile phones, that Commission specifically addressed the placement of base stations near schools, it is understood that the Zoeter antenna is placed at right centerfield however there is a childrens p1'ay area that extends to centerfield, not far from the cell site. He quoted from the stewart Commission report that children may be especially vulnerable to any adverse effects of RF radiation, there is evidence that frequencies used in mobile phone technology that children will absorb more energy per kilogram of ,body weight from an external magnetic electric field than adults....children being exposed to RF radiation from base stations at a much younger age than: adults will have a longer time to accumulate exposure over the course of their lives and a longer time for delayed affects from exposure to develop. Mr. Evans stated that Zoeter is filled with one and five year olds, the effects of placing a base antenna on-site is not known, although it is said that the beam from the antenna will be in a direction other than towards the school, question is if. the City could select a site more appropriate than Zoeter Field as the affects of low level radiation in the long term are not known. He mentioned that Verizon does well in working with communities as that relates to providing their cell phones, the tower however will serve their customers, the main benefit will be to those customers who drive through Seal Beach, the Council should consider who their constituency is, as to the City being I I I I I I 3-26-01 preempted by the FCC he was uncertain, yet does not believe that from a legal standpoint a community can create its own standards in terms of what the tower should or should not be in terms of radio frequency, but the Council can make a determination as to whether the tower is wanted and/or if it could be located in a safer place, Zoete~ Field is not appropriate. He asked the Council' to take a more precautionary approach until there are more definitive answers, and offered that there are numerous studies being conducted throughout the world relating to this -issue, there are many unanswered questions, it would be wise for the cell phone industry to insure should some twenty years from now there is evidence that cell phones and towers posed health problems. Ms. Ann Cook, 10th Street, expreElsed appreciation to the lady who wrote the ,informative letter tO,neighboring residents with regard to the cell tower, her husband too appears to be knowledgeable. Ms. Cook said she too did some research, found that cell towers are allover not just in Seal Beach, have been in church yards for years; the best use of a cell phone is in the car should there be an auto problem, she does not have such an instrument and is tired of seeing people talking on their phone in the market, while driving, etc. Ms. Cook said she did observe the cell tower after its location was pointed out, it is by the church rectory, some have said they do not want to look at this tower but in reality there is an old transmitter in the same location that has been there for years, as to the children she could not disagree with the concern, if there is concern with radiation then everyone should leave because from her information cells even exist on the City Hall tower, as to the Zoeter tower she has no objection. Ms. Jenny Evans, Seal Beach, asked if other sites were considered ,when the decision was made for Zoeter. The response was affirmative, City Hall, the Police Department, there are three sites presently at the fire station, two at City Hall, and noted that Zoeter is City property. To the inquiry as why then is another cell site needed, the response was it is a different service provider, explained that the City signed a lease with Verizon for the site, thought to be for five years, should there be action to break the lease there would the issue of damages, information similar to that presented at this meeting was considered from a historical point as to health and public safety communications issues. Ms. Evans stated that the Zoeter tower needs to be moved, wireless communication is new, there is no history, there have been several City Hall employees that have been diagnosed with cancer, how is this going to be monitored. A response was that wireless has been in existence for about ten to fifteen years, also, that there have been cell towers at the Bixby tennis club for at least five years. Councilman Boyd explained that Verizon has agreed to monitor the site annually, to pay for an engineering study, this low emission pole is located at the furthest point of left field, Verizon has agreed to pay for an outside engineering study, if he feels there is concern with the information based upon that study he will then argue to break the lease ~t whatever cost, and mentioned that he personally lives within one hundred fifty feet of the City Hall sites. Ms. Evans inquired as to when the outside engineering report would be done, before or after activation. Mr. O'Malley stated again that Verizon meets all of the current health and safety standards, and th~ site would need to be activated in order to perform the test. As to frequency of testing, the Assistant Manager responded that there is requirement for an initial test, Verizon has agreed to test at any time the City requests, there is verbal 3-26-01 agreement to test annually, and it is' believed the cell tower will be activated the first or second week of April, to that the suggestion was made that the initial test be done within fifteen days of activation. Mr. O'Malley acknowledged the activation time to be true, Verizon already in contact with the third party who will perform that test. Councilman Yost stated his preference that the City have control over who does the testing, to that Mr. O'Malley offered to provide the names of other testing firms, and made reference also to the FCC guidelines which contains a web page address for specific questions to be'asked relating to testing. Mayor Campbell inquired about the reference to verbal agreements and asked if they could be obtained in writing, the Assistant Manager confirmed that Mr. O'Malley has agreed to at least an annual test at their expense, it is presumed that an independent third party cO,uld be retained to make the evaluation, and Mr. O'Malley confirmed that they currently have ,such agreements wi th other jurisdictions, that would need to be, addressed by the City and verizon real estate department, offering to bring that back ~ot consideration. Councilman Yost said he disagreed with certain comments relating to consideration of potential risks, he does not recall thorough discussion of such risks to children at the time this was considered, to that he has concern, does not want to take chances, he should have explored additional information at the time, his recollection is that it was more with an impact on public safety communications, if it does go on-line there should be monitoring immediately of the school and school yard at least, therefore would ask the City Manager to explore an alternative site with Verizon and the cost of same, if the tower remains it may require aiming the antenna,southward to be further away from the school. Question was raised as to whether testing would be done at random or would verizon be notified. Councilman Yost suggested it be random and during maximum peak periods such as rush hours, the response to peak hours was usually between 4:00 to 6:00 p.m., noting that the earlier graph was with all amplifiers turned to full power, if the amplifiers were to go that high they would shut down, what was presented was a theoretical worst case at about four percent of the standard, explaining further that the ANCI group determined the maximum of fifty and then ,lowered it by a factor of fifty, they are about one hundred times below the standards of today. Mr. Evans made reference to comments by a member of the Council that this consideration initially took place in October, asked if a notice was sent to the residents of the area, Zoeter Field is owned by the City and is now placing an antenna on the property where it could have an impact on Zoeter tenants, would there not be a legal obligation to notice those tenants should they or the children start .having ,health problems in subsequent years. The City Attorney responded that there were no noticing requirements under State law over the traditional posting of the agenda for any item thereon seventy-two hours prior to , the meeting. Councilman Boyd mentioned that this was also considered by the Coastal Commission. Mr. O'Malley offered that Verizon is not dictating that the cell site must be at this location yet it was suggested as a location to go to. Question was raised if the Naval Weapons Station had been considered, counter comment to that was the issue of military communications"once off of City property use becomes an issue. Councilman Yost suggested that the City Manager explore alternatives as to feasibility, including costs, as well as stringent testing during peak hours, and so moved. I I I I I I 3-26-01 Councilman Doane seconded the motion. councilman Boyd asked for clarification that the motion included the issue of costs, that testing would be by an independent third party and include a health risk/safety assessment for evaluation by Cc;>uncil. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried It was mentioned that it is important to advise Verizon that the City is not forcing them to resite but to explore alternative sites, preferably a location away from the school. SEAL BEACH BOULEVARD - ELECTRIC TO PACIFIC COAST HIGHWAY - PLANS AND SPECIFICATIONS - PROJECT NUMBER 49991 The Director of ,Public Works presented the staff report for Seal Beach Boulevard rehabilitation and regional trail project. He noted that some may have seen the original sketches that showed a traffic circle at the intersection of Electric and Seal Beach Boulevard, that has since been deleted as there were engineering and economic problems to make the circle function appropriately, that, remains an option however for the future when additional grant monies are found, this project will narrow the street somewhat by taking excess street space to build a greenbelt on the Bay and Naval Weapons Station side of the street, that area will have a paved trail to accommodate pedestrians and bicycles, it is hoped this trail can be linked to the trail at Anderson Street at some point, just south of the intersection of PCH and the Boulevard there will be a small median for the purpose of channeling the traffic lanes from six to two, there will be additional turn movements as w,ell as 'some landscaping, and the possibility of adding an entry monument at some point in the future. Councilman Boyd said he was pleased to see this moving forward after many years of work by City Council's, staff, Ms. Fielding and residents of the area with their efforts to secure grant funding, the total cost for this project is about $600,000. Councilman Boyd mentioned to the Public Works Director that, a number of residents of the Boulevard have suggested changing the name of Seal Beach Boulevard given its character change, possibly that it be renamed as a continuation of Ocean Avenue, and requested a discussion with the Director and City Manager to facilitate that change. His other issue had to do with design standards, not necessarily citywide, yet he would like to see a change in the type of street light used, there have been attempts throughout Old Town to enhance the character of the City, an example would be the type of pole used at 4th and Central, given the fact that the street lights will be changed out with the Boulevard improvements, his request would be to use a different type of light fixture. The Director responded that this project includes that request, in fact some of the monies from the street 'lighting district are being us~d as a reinvestment of revenues from that process, Edison will take over the maintenance. of these lights, also, with regard to the undergrounding of the Boulevard with Edison Rule 28 funds, as had originally been planned, that will be somewhat delayed, it is felt that an undergroundingproject can be done in the future without damaging this project by using the greenbelt as an area to place some of the undergrounding, the City will work with Edison to make sure as much as possible is done in advance, however Edison has redirected its engineering and resources at this point in time. The, Director mentioned also that the 3-26-01 Musso family development will be contributing to this project with frontage improvements, half of the median, as well as monies for future undergrounding. In response to Council, the Director confirmed again that all Rule 28 programs are on hold statewide for all of the utility companies, this is difficult for many cities, it is understood that Edison plans I to provide a report in about six months, it is hoped that then some of the Rule 28 projects can be brought back, the immediate concern of this City is that the H/CD funds need to be expended before the end of the fiscal year, therefore this project is moving forward with the intent of making every accommodation for future undergrounding. For information of the public, Councilman Yost noted that when one pays their utility'bill there is a certain percentage that goes to a special fund for future undergrounding of power lines, particularly along thoroughfares, those funds are now frozen, which are really the funds of the communities, this just part of the impact of the energy crisis. The Director responded that the utility companies have explained that those funds are really not there, they do a project and then the rate payers repay that money. To the question of Councilman Larson as to where the trail starts and ends, the Director explained that the regional trail is the result of a State Parks and Recreation grant obtained a couple of years ago, also some federal TEA monies, the idea is an off-road trail that starts in Sunset Beach, travels along Coast Highway to Seal Beach Boulevard, at present there are really no safe facilities for pedestrians or recreational bicyclists, the project championed by members of the Council, County and State officials, the other segment included in this is along I Marina Drive which will extend from Electric Avenue to the San Gabriel River, this is a regional trail that follows the coast and is the last link between the Santa ,Ana River and the San Gabriel River. Boyd moved, second by Yost, to approve the plans and specifications for project Number 49991, the Seal Beach Boulevard Regional Trail, Segment 2, and the reconstruction of Seal Beach Boulevard, and authorize staff to initiate the public bidding process. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT The Manager announced it is anticipated that the sand berm will come down the week of April 1"'. COUNCIL COMMENTS Councilman Doane mentioned receiving telephone calls as a reh~uhlt of a nedwshart~clehrelatingfto the rdOllingkblac~out~ ,I w lC reporte t at ~n t e case 0 a secon bl~c out lt wlll occur in the same area as the first. The City Manager responded that the information received from Edison is that it is a certain block of ,service that is blacked out, ,it appears there is lack of clarity as to what segment of the community is geographically in the block, a suggestion would be to have the City's Edison representative, Mr,'Dominguez, do a news article to explain how the blackouts work. The Mayor noted also that if one is tied into the same grid as an emergency service they will not realize blackouts. Councilman Yost reported attending a Cal Coast meeting at I I I 3-26-01 which time, a presentation was made re'lating to water quali~y and where Seal Beach is in regard to those efforts, one th~ng apparent from their lobbyist is that State money is , disappearing very quickly in that t~e State~as gott~n ~nto the power business and the reserve ~s also d~sappear~ng, traditionally when State monies get tight they turn to the cities first, the fact that the undergrounding will not occur in the short term is 'felt to be just the beginning, it is likely other things will be seen. Councilman Yost reported an inquiry from a resident with regard to the time frame for the Bixby development, one being the start and completion of the bike lane from college Park East to the Bixby shopping center, to that the Director of Public Works reported there is really no schedule for the bike trail at this point, as of this date there was conversation with the inspectors and it appears that most of the curb work will be completed this week and paving likely completed next week. councilman Yost noted questions and concerns from the same person with regard to the landscaping and quality thereof as compared to the Rossmoor Shopping Center, his desire would be, to get an overall landscaping plan for the Bixby development. Councilman Larson said he likely got a call from the same person to which he tried to explain that the Center is not complete, there are more structures that need to be built, trees can not be planted where the buildings will be located, but there is ~ landscaping plan that will be followed. Councilman Yost noted that he and Councilman Larson had been talking about the Naval Weapons Station and together possibly working up some sort of plan should there ever be a closing of that facility, that would afford some control over what might transpire,on that property, to that Councilman Larson added that in ,speaking to the Development Services Director the estimate was $200,000 to $300,000 to develop a plan, however his request was for something of a conceptual nature at this point. Councilman Boyd added that should the Base ever close it is the single largest landmass in Orange County, larger than EI Toro, five thousand two hundred acres, an area that could be conceptualized in only vague terms. Councilman Larson ,reported that he, the City Manager, City Engineer, the City Engineer and Councilman Colonna of Long Beach met near Studebaker Road with regard to the College Park West entry, all agreed that there will need to be a joint effort put forth to CalTrans in that the property in question belongs to CalTrans, the Councilman was receptive, thus a solution may be forthcoming. Councilman Boyd reported that this coming Wednesday he will be voting ona significant project for this entire ,region, the ground water replenishment system which is a joint project of the Orange County Sanitation District and the Orange County Water District. He noted this Council has previously taken a position of support for the project, he was seeking to reaffirm that the City continues to support the project in concept, while it has received some mixed reviews it is simply treated~astewater that is currently pumped to sea, treated further, then pumped back to a holding basin and allowed to sink back into the aquifer to eventually be used as drinking water, this a $1 billion project utilizing technology that has been used for many years, reverse osmosis and microfiltration to create drinking water. He said in theory wastewater is currently treated and pumped into the ocean, some suggest that that is the reason there is a plume off Huntington Beach that is contaminating the beach and causihg closures. He noted that the District would look to other alternatives if there is a no vote on Wednesday however they are positioning for a go vote, this project has 3-26-01 undergone about two years of discussion in theory, about $4 million has been invested in engineering, this would be a significant achievement for the entire groundwater basin, in addition to recharging the basin the water would be used to prevent salt water intrusion into the groundwater basin, most of the groundwater in Orange County comes from underground, millions and millions of gallons are in the aquifer, the I desire is to protect it if possible. Unless the Councilor staff has different opinions or from information provided at the Wednesday meeting this project will move forward. Councilman Yost expressed some concern with putting wastewater into the aquifer, not a hundred percent comfortable with the concept, this is a very complicated issue, the current water has been there for millions of years, just recycled, once the aquifer is impacted it is gone, this his feeling even though he is supportive of recharging the groundwater system rather than sending it through the system and out into the ocean. Councilman Boyd said this was his reason for bring this matter to Council, he shares some of the reservations, he is not certain it will be any more economically feasible in terms of recharging the groundwater basin 'even though an opportunity to protect the environment. Councilman Larson pointed out once again that Santa Monica has such a program yet the water is used for non-drinking water purposes, they sell that water to independent users. Councilman Doane mentioned that MWDOC was doing that because reclaimed water has been used for Mile Square Park and a lot of the freeway plantingsi the aquifer is naturally fed by the Santa Ana River which is controlled from runoff from Prado Dam, he too is not entirely pleased I with the concept, his preference is to use reclaimed water for things other than drinking water. Councilman Boyd again stated that is why ,he brought this forward, he too has some reservations, beyond the technology and science of this, his reservation is an uncertainty of whether it could be sold to the public, he is prepared to vote for or against based upon the recommendation of Council. Councilman Yost said he would personally recommend a no vote, reclaimed water being used for irrigation is another thing. Councilman Larson agreed that selling the public is a problem. Councilman Boyd said he would confer with the Director of Public Works further, then make a decision that best suits this City, this is an important issue, one that has been heard about but not a lot until the project is approved, he offered to update the Council at the next meeting. with regard to the Bixby landscaping, Mayor Campbell asked if Bixby has submitted plans for the replanting of the windrow. The Director of Development Service reported a conceptual plan has been provided, that staff, along with Parks and Recreation, is reviewing, and confirmed the concept plan is available for Council viewing, once the conceptual plan is ready it will be presented to the Council. The Mayor mentioned that Ms. Emily Frazier was present, again noted that the last issue of the Register's Community News section was published last I Wednesday, the articles of Ms. Frazier will now appear in the News Enterprise. Mayor Campbell also reported the State of the City luncheon was held the prior Wednesday, the accomplishments and future goals of City departments were reviewed in depth, and acknowledged that she had been remiss in not thanking Reverend Steve Wirth for his inspirational invocation. The Mayor stated she has received a list of the stores that are planned for the Bixby Center, the restaurants are Islands, Macaroni Grill, Rubio's Baja Grill, Daphne's Greek Cafe, Z-Pizza, Togos, pick Up Stiks, also non-food establishments are payless Shoes, GNC, and Second Street 3-26-01 / 4-9-'01 I Beauty, Target is open, and there will be Ralph's, Bed, Bath and Beyond, and SavOn, also a Starbucks. As to bookstores, the Development Services Director stated he has heard there have been discussions with a number of such stores however at this point is not aware of a signed lease. Councilman ,Boyd mentioned that through the American Book Sellers Association it is forecast that a number of Borders and Barnes and Noble stores are closing, about forty percent of that industry is major chains, the balance are mom and pop or family bookstores that dot the landscape, the forty percent also includes Amazon.com. ADJOURNMENT It was the order of the Chair, with consent of the council to adjourn the meeting until Monday, April 9th at 6:00 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 10:15 p.m. Approved: ~a1k~~ ()~ Mayo1: I Attest: Seal Beach, California April 9, 2001 The City Council of the City of Seal Beach met in regular adjourned session at 6:04 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell' Councilmembers Doane, Larson, Yost Absent: None I Also present: Mr. Boga, Assistant City Attorney Ms. Yeo, City Clerk Councilman Boyd was present in the Conference Room awaiting the Mayor and members of the Council as was the City Manager. CLOSED SESSION The Assistant City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the , ' agenda, a conference with legal counsel pursuant to Government Code Section 54956.9(b) and (c) to discuss two issues of potential litigation, and to confer with the City's real property negotiator pursuant to Government Code Section 54956.8 relating to property located at 201 - 8th Street. By