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HomeMy WebLinkAboutCC Min 2001-05-14 4-28-01 / 5-14-01 was adjourned at 2:54 p.m. I I Attest: Approved: Seal Beach, California May 14, 2001 The City Council of the City of Seal Beach met in regular adjourned session at 6:03 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 I Absent: Councilman Yost Councilman Yost arrived at 6:08 p.m. Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk The City Attorney announced that any member of the audience wishing to speak to the items on the agenda could do so at this time. Ms. Sue Corbin, Seal Beach, made reference to the three items of potential litigation for Closed Session discussion. She spoke for retention of a new law firm, made allegations as to the cost to the City of a recent case brought by an employee as a result of harassment by a former City Manager. She stated also that no more than one person should be authorized to attend League of Cities meetings. Ms. Corbin spoke in support of the right of Councilman Boyd to be selected as the next Mayor, and if a statement made relating to open and honest government is true then why would the Council hold their last meeting at Oakwood Apartments where only one member of the press attended and no public. The Mayor responded that Oakwood was open for anyone who wished to attend that meeting. There being no further comments, Mayor Campbell declared Public Comments closed. I Councilman Yost arrived at 6:08 p.m. I I I 5-14-01 CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code Section 54956.9(b) to discuss the items identified on the agenda. The Council adjourned to Closed Session at 6:08 p.m. When the meeting was reconvened, the City Attorney reported that the Council had discussed the items identified on the agenda, took no reportable action, and that Closed Session was concluded at 6:35 p.m. That report made, this meeting was adjourned at 7:04 p.m. Approved: '-IJ~l~ 9o.~:~1 12 City Clerk I ; Attest: Seal Beach, California May 14, 2001 The City Council of the City of Seal Beach met in regular session at 7:05 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 Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Ms. Beard, Director of Recreation, Parks, and Community Services Chief Cushman, Lifeguard Department MS. Arends-King, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager MS. Yeo, City Clerk APPROVAL OF AGENDA Mayor Campbell requested that Item UR" be removed from the Consent Calendar for separate consideration, a member of the audience requested Items uH, J, and P" removed, Councilman Doane requested Item "X" removed, Councilman Yost requested 5-14-01 items "M, R, and U" removed, and Councilman Boyd requested that the order of New Business items be revised to consider the recommendations of the parking committee first, then the Bixby landscaping plan and the Grand Jury response. Boyd moved, second by Larson, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I ANNOUNCEMENTS Councilman Yost announced the passing of Mr. Ben Cunningham, a respected member of the community and recently involved with the drainage improvement project adjacent to St. Anne's Church. Mayor Campbell reported that the City had made a grant application to California Waste Management and has been awarded $40,000 to match the City's $20,000 budgeted funds for improvements and playground equipment for Almond Park. PUBLIC COMMENTS Mayor Campbell declared the Public Comment period to be open. Ms. Seretta Fielding, Seal Beach Boulevard, expressed appreciation for considering and moving forward with the Seal Beach Boulevard improvement project. She mentioned too that she had been out of town at the time the Miller project was considered by the Planning Commission, it is a residential/commercial project with which she has some concerns, the guidelines for properties in that area need to be followed, her feeling is that they should be similar to those between the Bay Theater and the building constructed adjacent to, therefore she will appeal the project approval. Ms. Jenny Evans, Seal Beach, said she wished to direct her comments to the Verizon cell tower at Zoeter, stated she just received a copy of the test report to which she asked what the basis was for hiring that particular testing company and how often will a test be made. Ms. Evans was informed that the cell tower report had been removed from the Consent Calendar, suggesting that she speak to the item when it is considered. Ms. Sue Corbin, Seal Beach, stated that meetings of the Council should be accessible, adjourning meetings to a time other than the regular meeting or holding them off-site is not right, when issues are settled in closed session they need to be reported, claimed they are not, mentioned once again a case settled where an employee was tormented for five years by the Manager at that time, the tax payers then have to pay the bill, she claimed that there was another employee related incident settled as well, litigation is a waste of tax payer money, violations of the law has cost millions, and now there are three potential cases of initiation of litigation considered in closed session. There being no further comments, Mayor Campbell declared Public Comments to be closed. I PRESENTATIONS I ORANGE COUNTY FIRE AUTHORITY - REGIONAL FIRE OPERATIONS and TRAINING CENTER Councilman Boyd stated that for this presentation he would be acting in the capacity of Chairman of the Orange County Fire Authority. He explained that the Orange County Fire Authority serves Seal Beach as well as twenty-three other cities, the County of Orange, the unincorporated areas, and all State responsibility land areas. I I I 5-14-01 * The City Council of Seal Beach approved and signed a joint powers agreement with the Orange County Fire Authority to ensure the City's fire protection, paramedic services, and risk prevention for the next ten years under the contract to the Fire Authority; * The Fire Authority was empowered to issue bonds to indebt itself for some significant expenditures, the Operation/Training Facility being one of those expenditures; * The current Orange County Fire Authority headquarters is what was once the State Department of Forestry, then the County Fire Department, and then the Joint Powers of the Orange County Fire Authority, located on Water Street in the City of Orange, a facility that is long beyond its useful life; * The Orange County Fire Authority is the third largest fire organization in the State of California, sixty-two fire stations, three additional opening this year, serves 1.2 million people in a five hundred sixty-two square mile service area, all 911 calls are processed through the OCFA communications center; * Why is a new facility needed - there is presently a communications facility that receives 911 calls however is inadequate, operates from a very small location, inadequate facilities also for the dispatchers that work twenty-four hour shifts, a training center is needed for the over eight hundred personnel, not having a training center is a liability to the organization, the current operation and administration facilities are undersized and inadequate, it is also decentralized in that the executive management is removed from the day to day operations in leased facilities requiring the payment of rent; * The proposed site is 16.5 acres, donated to the Orange County Fire Authority by the Irvine Company, valued at $17 million, Jamboree Road at the 241 Tollway, a site that provides ample opportunity to build a new headquarters; * The current 911 communications center is about 4,000 square feet, the new facility will be an all service facility of nearly 24,000 square feet and be an operations center in the case of any disaster as well as the day to day operations of the Fire Department; * Public service and support buildings - there will be a boardroom, all operations facility for training and support staff, fire prevention, accounting, human resources, and executive staff, currently a number of buildings are leased to house these operations and employees, the new facility will consolidate all in one campus-like setting; * Materiel Management Center - since OCFA buys most of its own materials which are shipped to the sixty-three remote work locations, this will be a central processing area where there is currently no facility adequate to do that and apply best management practices, money will actually be saved by building a new warehouse; 5-14-01 * The Automotive Center - there is a rolling fleet of over two hundred vehicles and three helicopters to maintain, that is currently being done in a facility that is less the size of that in Seal Beach, the new facility will accommodate current needs as well as future growth; * The training grounds - unlike most fire agencies of like size and comparable capacity there is currently no training facility, with the construction of the Regional Center there will then be a state of the art training facility that will contain a below grade rescue opportunity, a training tower, a strip mall type of responsibility area, this will be a state of the art, multi-faceted training ground; I * Since this facility will be set in somewhat of a residential area, the OCFA worked with the Irvine Company to design a facility that would be commensurate with the area and be well received by the public, there were a number of meetings seeking public input and taking into account such things as tile roofs, building materials, landscaping, site topography, lighting, tower construction, etc.; * A goal in designing this nearly $50 million facility was to make it accessible to the public as well as corporate partners and educational institutions to use the OCFA campus to their benefit as well, a corporate-like environment where the facilities such as boardrooms could be used for conferences and meetings, an alternate configuration as well is the lecture plan for use when not in OCFA use; I * Of the project cost of about $49.9 million, about one- half will be bonded the other half paid in cash, construction to commence some time later this year, until then there will be pre-approvals by City Council's and the Fire Authority Board. MELANOMA MONTH Councilman Yost mentioned that May is Melanoma Month, and dedicated his presentation to a former and a current resident of Seal Beach afflicted with this cancer. * Melanoma is increasing faster than any other cancer at a rate of six percent per year, in 1960 the risk was in six hundred, it is now one in seventy-five, one person dies from malignant melanoma every hour of every day, there is no sign that melanoma is decreasing in the united States; * How does one attack melanoma - decrease the risk factors, the chances of getting melanoma, early detection and treatment, the number one risk factor is sun exposure in childhood, even though melanoma is not thought of as a pediatric disease it really is, the chances go up dramatically with every severe sunburn during childhood; I * In Australia, melanoma was increasing at an even faster rate and was usurping a large portion of their public health care budget so they dedicated themselves to trying to reduce the incidence of skin cancer, after fifteen years of efforts to reduce the exposure of children they are actually seeing a decrease, the first I I I 5-14-01 decrease shown in any country, it is no longer attractive to have a suntan, schools must apply to become a sun smart school, it is a play in the shade or wear a hat situation or the child is not allowed to play outside, they have changed the whole social culture, as an example, the most attractive people portrayed in magazines are those that do not have suntans; * The issue has a great deal to do with education, here a good job is not being done to shade the schools or educate the public, in this country having a suntan is still considered to be attractive; * How is a melanoma recognized, asymmetry, border, color, and diameter, asymmetry is where one half of the lesion is unlike the other half, the border is irregular, scalloped, or poorly circumscribed, sometimes inflamed around the outside, colors are varied, some areas are darker than the other, the size is greater than a pencil eraser; * Many believe that melanomas occur in the areas exposed to the sun, the fact is that they can occur in any part of the body, sometimes melanomas that occur on hands or feet can be more aggressive than those that occur in sun exposed areas; * May is Melanoma Month, Children's Hospital Orange County and the Cancer Center held a symposium and invited the person that heads a department of public education of a district in Australia as the speaker, the goal is move forward with more of a sun smart program here; * Orange County has one of the highest melanoma rates, there is a lot of sun, people like sun, to that a slogan is to 'slip' on a shirt, 'slap' on a hat, and 'slop' on sun screen when going outside. To a question posed, recommendation was that if there is a growth that is changing or enlarging, it would be advisable to have it examined by a dermatologist. Also, if basal and squamous cancers are untreated do they become a melanoma, the answer was no, they are totally different types of cancer, basals are usually benign, squamous cell cancers can become malignant, can metastasis and go to other places, a melanoma tends to metastasize early and quickly. PROCLAMATION - NATIONAL PEACE OFFICERS MEMORIAL DAY Mayor Campbell read in full the Proclamation designating May 15th, 2001 as "National Peace Officers' Memorial Day" and presented same to Captain King and fellow officers with appreciation for their services. The Captain presented each member of the Council with a Blue Ribbon pin, expressed appreciation for the Memorial Day recognition. He mentioned too that in the State of California 1,300 police officers have lost their lives in the line of duty, in Orange County 45, and was proud to see a Seal Beach officer in the parade of officers at the Police Officers Memorial this past week. PROCLAMATION Mayor Campbell proclaimed May, 2001 as "Mental Health Month." APPOINTMENT - PROJECT AREA COMMITTEE Councilman Boyd moved to appoint Mr. Joe Ribal as the District One resident member of the Project Area Committee 5-14-01 for the unexpired term ending July, 2001. Councilman Larson seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried AGENDA AMENDED Councilman Larson requested that Items "L" and "Q" also be removed from the Consent Calendar for separate consideration. Yost moved, second by Doane, to approve the request. AYES: NOES: I Boyd, Campbell, Doane, Larson, Yost None Motion carried CONSENT CALENDAR - ITEMS "F" thru "Y" Yost moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except Items "H, J, L, M, P, Q, R, U, and X," 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 the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. G. H. K. Approved the minutes of the regular meeting of April 23rd, 2001 and the regular adjourned meeting of April 28th, 2001. I Received and filed the Monthly Investment Report for March, 2001. Adopted Resolution Number 4887 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE ENGINEER's REPORT IN CONNECTION WITH THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO.1" and Adopted Resolution Number .4888 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN, AND ORDERING THE PREPARATION OF AN ENGINEER's REPORT FOR STREET LIGHTING DISTRICT NO.1" and Adopted Resolution Number 4889 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING DISTRICT NO. 1 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON." By unanimous consent, full reading of Resolutions Numbered 4887, 4888, and 4889 was waived. I N. Authorized the Mayor to sign the comment letter in support of Senate Bill 810 (Ackerman) to reinstate to single-county transit districts full retention of their property tax, and 5-14-01 received and filed the staff report. o. Approved the goals and objectives and completion dates as developed by the City Council at the April 28th workshop. I S. Received and filed the staff report relatino to the response to comment letter for the Draft EIR/EIS for the Bolsa Chic a Lowlands Restoration project, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. T. Approved the Professional Services Agreement between the City of Seal Beach and Mr. Dan Dorsey for Administrative Consulting Services for specific projects in the City Manager's office at a fee not to exceed $10,000. Bids were received until April 17th, 2001 at 10:00 a.m. for one Heavy Duty Cab and Chassis at which time they were publicly opened by the City Clerk as follows: Midway Ford Ford West Fairway Ford Don Knott Ford Burch Ford Bob Beaty Ford $22,743.00 $24,144.05 $23,300.00 $23,075.00 $24,156.00 $25,129.00 I Awarded the purchase of one Heavy Duty Cab and Chassis truck to Midway Ford, the lowest responsible bidder, in the amount of $22,743.00, and authorized the City Manager to execute the purchase documents. Y. Approved the plans and specifications for project Number 728, Access Gate improvements at the City'S Reservoir on the Naval Weapons Station at an estimated cost of $12,000. Bids were received until May 8th at 10:00 a.m. for Project Number 49991, Seal Beach Boulevard Regional Trail, Segment 2, Electric to Pacific Coast Highway, at which time they were publicly opened by the City Clerk as follows: W. I Southern California Underground R. J. Noble Sequel Contractors EC Construction All American Asphalt S. Parker Engineering palp, Inc. (Excel Paving) Nobest $520,060.00 $592,314.50 $598,388.50 $602,914.75 $623,785.00 $647,385.50 $717,250.00 $749,029.00 Awarded the bid to Southern California Underground, the lowest responsible bidder, in the amount of $520,060.00, and authorized the City Manager to execute the contract on behalf of the City. 5-14-01 AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "H" - WARRANTS Ms. Sue Corbin, Seal Beach, suggested that a Council committee of two be reinstated to burst and review all warrants, petty cash expenditures should be broken down by expense, the warrant listing should be clearer, complained about the expenditure for legal services relating to the Trailer Park bond issue, her understanding is that the Park residents merely indicated an interest in obtaining the Park, possibly the intent of those residents should be re-surveyed, and given the financial situation of the City only one person should be authorized to attend League meetings. It was explained that members of the Council that serve on League committees are required to attend League meetings, the committees are a benefit to the City. I Boyd moved, second by Yost, to approve regular demands numbered 31887 through 32181 in the amount of $1,070,401.85, payroll demands numbered l165l through 11802, 27711 through 27712 in the amount of $159,571.27, payroll liability account 9000575 through 9000586 in the amount of $86,589.85, and authorized warrants to be drawn on the Treasury for same. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEM uJ" PROFESSIONAL SERVICES CONTRACT INDEPENDENT AUDITORS Ms. Corbin made note of a previous change of auditing firms, claimed that she has been told the audits are not available to the public for review, but they should be as they are a public document paid for by taxpayer dollars. Boyd moved, second by Yost, to approve a one year extension of the Professional Services Contract with Lance Soll & Lunghard for auditing services subject to approval of the City Attorney. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEM "L" - TAX and REVENUE ANTICIPATION NOTES (TRANI Councilman Larson noted that with the approval of this item the law firm of Orrick, Herrington & Sutcliffe would automatically be retained, there is no indication of that cost, it is also said that the City understands that the law firm may have a conflict of interest and the City waives it, to which he said he did not want to waive the conflict, the conflict is unknown, therefore he would vote against this item. The Director of Administrative Services explained that the underwriters, Sutro & Company, has chosen the Orrick firm for what is understood to be a number of years, inasmuch as there are a number of cities involved in this process an individual city does not have the opportunity to choose their preference for a law firm, the cost for their services is pooled between the cities. Councilman Larson explained that their contract requires the City to waive any potential conflict of interest that is not known, they have done that for many years and he objects. The Director confirmed that the provision can not be deleted, all participating pool cities must be in agreement as to all of the related documents. To the question as to consequences should the Council vote no on this item, the response was a potential I I I I 5-14-01 loss of interest earnings of approximately $27,000 and $2.3 million in TRANS could not be issued. Boyd moved, second by Doane, tb', adopt Resolution Number 4890 entitled "A RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2001-2002; THE ISSUANCE AND SALE OF A 2001-2002 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION iN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM." By unanimous consent, full reading of Resolution Number 4890 was waived. AYES: NOES: ABSTAIN: Boyd, Yost, Larson , , - MOtion carried Campbell, Doane, Larson, Yost ITEM "M" AB 639 - URBAN STORMWATER RUNOFF IMPACTS Councilman Yost said he wished the public to know that the Council is not just talking about water quality but isdoio'g things such as supporting legislation like AB 639 to reduce the impacts of urban stormwater runoff. Councilman Boyd said he hopes to have updates sometime next month with regard to urban runoff. Yost moved, second by Boyd, to 'authorize the Mayor to sign the comment letter in support of Assembly Bill 639 (Nakano). AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEM "P" CLAIMS Ms. Sue Corbin, Seal Beach, stated that the cause of these claims for auto damage due to flooding is negligence, drains are not being properly cleaned, the City will not win just create a legal expense, this is a cost of doing busin~ss. Boyd moved, second by Larson, to deny the claims of Renee Arena and 21't Century Insurance on behalf of Joanne Davis and that they be referred to the City's liability attorney and adjuster. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEM "0" - PIER LANDING AGREEMENT - NUEVO ENERGY/TORCH OPERATING COMPANIES Councilman Larson mentioned that the Agreement shows no indication that the City Attorney has reviewed the document. Staff confirmed that the Agreement did receive City Attorney review. The City Manager pointed out that the indemnification and insurance requirements have been increased, in fact there was no provision for ocean marine liability in the prior agreement which is now included. Councilman Boyd spoke favorably of the increased indemnification, also noted the increase of revenue to the City in the amount ,of $26,400. Boyd moved, second by Yost, to approve the revised pier Landing Agreement between the City of Seal Beach and Nuevo Energy/Torch Operating Companies for use of the City's municipal pier landing platform and vehicle parking on the adjacent beach lots.' ' AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried 5-14-01 ITEM "R" RESOLUTION NUMBER 4891 - DESTRUCTION OF LIFEGUARD RECORDS To a question posed by the MaYOr as to the person who prepared this detailed recordslnventory, the Lifeguard Chief confirmed that this was a project of Lieutenant Pounds, numerous boxes of reports, etc. were reviewed, some thirty years old, the list is reflective of all items found yet all will not necessarily be destroyed, some will possibly be archived for historical purposes, the flags for instance will be evaluated, either kept or properly disposed of. With regard to disposing of only certain documents or items, the City Attorney noted that the proposed Resolution refers to 'certain' records, if adopted that wording will allow some discretion. I Boyd moved, second by Larson, to adopt Resolution Number 4891 enti tled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ,," SEAL BEACH, CALIFORNIA, A CHARTERED CITY, AUTHORIZING THE DESTRUCTION, OF CERTAIN LIFEGUARD RECORDS." By unanimous consent, full reading of Resolution Number 4891 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried 'ITEM "U" AUDIT REPORT RADIO FREOUENCY ENERGY EMISSIONS - ZOETER FIELD The Assistant to the City Manager presented the staff report, noted that the Council recently requested staff to meet with verizon wireless to arrange for the City to retain an independent telecommunications consultant to measure radio frequency emissions from the recently ~nstalled Verizon wireless facility at Zoeter Field and to discuss the possibility of Verizon relocating its wireless facility to another site in Old Town. with regard to the audit report, Lawrence Behr Associates consulting company was retained by the City in order to measure the entire electromagnetic environment at Zoeter Field, the monopole was activated on 'April l8t" and LBA performed its measurement assessment on April 23rd between the busy hours of 4:00 to 6:00 p.m. The audit provides a measurement of the maximum permissible exposure limits of radio frequency energy in accordance with FCC standards and regulations, the MPE limit is defined as a reading of one hundred percent on the emissions monitor, any' measurement below the one hundred percent standard indicates a safe level for human exposure. The Assistant explained that RF energy measurements were performed inside the Under the Rainbow day care facility as well as numerous outdoor sites surrounding the monopole, the thirty-five separate measurements at Zoeter Field were consistently between five and six percent of maximum permissible exposure levels, accordingly the consultant concluded that the Verizon wireless facility at Zoeter Field is in compliance with the FCC RF exposure regulations and that no mitigation is required or recommended at this time. with regard to the feasibility of Verizon relocating its wireless facility, based upon the audit report Verizon Wireless contends that there is no justification for relocating its facility. To the question as to how the Lawrence Behr firm was chosen, the Assistant explained that he had been provided with the names of two firms by Verizon representatives, the Behr firm was the first contacted and was retained as they were able to make themselves immediately available to perform the measurements once the monopole was activated, however as it turned out the activation was delayed by two weeks, a second consultant could be retained to perform the 'same audit, in I I 5-14-01 I fact it has been offered to Ms. Jenny Evans that she could select a telecommunications consultant of her choice. Councilman Yost posed several questions as requested by MS. Evans, inquired if Lawrence Behr Associates has any affiliation, financial or otherwise, with Verizon or any other telecommunications company, the response from the representative was that they do not. Councilman Yost also asked how often measurements will be taken around the monopole, the response of the Assistant Manager was that the contract provided for the City to retain a telecommunications consultant once a year yet there is also provision for retaining such consultant at any time it is felt necessary. Should MS. Evans suggest a consultant that has a reasonable reputation professionally and otherwise, Councilman Yost inquired if the City would consider that, the response was affirmative. Another question was how this type of situation can be prevented from being approved in the future especially without consent of tenants, noting that this pole is on public property, no public hearing was held, would it be appropriate in the future to hold a public hearing when such facilities are proposed for public property in residential neighborhoods which would provide some notification to residents over and above a published notice, and he would request that the City Attorney prepare something to that effect. Councilman Yost moved to receive and file the agenda item relating to the radio frequency energy emission audit report. Councilman Boyd seconded the motion for discussion. I Councilman Boyd said he was still uncertain as to the five percent or greater exposure level, the impact of that, the report appears to indicate that there was no measurable difference after the monopole was activated, appearing to have the same percentage of MPE before and after. The Assistant Manager offered that he did not believe the area was tested before the monopole was activated, Mr. Harvey, the LBA representative who actually did the testing, felt there was likely four to five percent RF energy present before activation of the pole. Mr. Harvey, Lawrence Behr west coast operations, stated that there were no pre-construction energy measurements or analysis, just post-construction measurements, those measurements show the ambient level in the whole area between five and six percent, one hundred percent being the alert area, it was way down, looking at the results basically no contribution from the Verizon tower can be seen, going in a completely opposite direction to the antennas one can not see a falloff, said he did some calculations this morning using some theoretical numbers and what he found on a tower of a similar height was that a contribution would be very minimal in any case, the important factor is the vertical separation of the tower to the people, in this case it is believed the tower is fifty feet, generally, vertically below an antenna one is pretty safe, when one gets about ten feet out from the antenna it will be very much below the emission levels, where there are problems is on roof tops which are becoming popular antenna sites, people run and jog on roofs, have picnics on roofs, these are the areas where there can be concern, towers, away from people, not adjacent to buildings, there is generally no problem. Councilman Boyd asked if the height of the tower then negates the power of the maximum permissible exposure, the response was absolutely yes as there is vertical distance, the further the distance from the tower the radiation pattern drops off dramatically. With regard to the I 5-14-01 thirty-five measurement test sites, Mr. Harvey stated that the map does not really show the main loads of the antennas, these are sectorized antennas, look in different directions, that is why a number of specific measurements were made underneath the antennas, there was no general increase seen, if the antennas had been lower at a ten to twelve foot height a peaking would have been seen around those areas but with a I fifty foot antenna five to six percent can be seen, and what is five to six percent, it could be anything. To the ' question that if the tower were not on would there still be a five to six percent MPE, the response of Mr. Harvey was absolutely, very similar figures can be seen completely away from the tower, yet he has no control over the operation of the tower, the requirement was to test during a busy time, it is a traffic dependent system, with more traffic there is more power. Question was what other type of machinery or equipment would generate a similar RF or MPE, the response was any type of broadcast equipment, television stations, Mt. wilson has tremendous power, the Navy has systems, they were not specifically measuring the Verizon frequency rather measuring all emissions that could affect people, their primary interest was the child care center. To a question with regard to an x-ray machine in a building in the vicinity, Mr. Harvey responded that x-ray machines are generally quite well shielded, however persons working with x-ray do take precautions, x-rays are localized and it would be unlikely that those emissions would get out of a building, also, x-ray machines have a different type of emission, these measurements were looking for non-ionizing radiation. Question was how close to the top of the tower is too close, the response was it is not so much the top but the front of I the antennas, he would think that people would stay about three to four feet away, they look like panels, there is no problem at ten feet away, to that the antennas atop City Hall were mentioned where one could walk up to them even though outside the railing. Mr. Harvey advised that an antenna acts similar to a flashlight or car headlamp, the radial pattern comes from the front, one is fine if they are behind them, not within three feet if the front side, the standards used are for the general population, there are different standards, five times greater, for those who work in the industry, generally applied to things like working in front of the antennas, in his case he would not be worried with working in front of an antenna for a few minutes but would not want to remain there for all day, these are very low powered systems in comparison to others. Question was posed, in the profession opinion of Mr. Harvey, if there is any level of exposure that the City needs to be concerned about for the residents in the general vicinity of this tower. The response of Mr. Harvey was no, he sees absolutely no problem at all because of the physical separation. Question also, does this have a cumulative effect, does it build up in a person. Mr. Harvey said for a worker level, if considered over a short term period, the regulations state one is safe I if you do not stay for too long, this is a completely different situation because the levels are so small time is not a factor. Question then was would the acceptable levels be different for a child or chronic exposure, to that Mr. Harvey stated they are looking at general population levels, that was the purpose of taking the measurements, it was determined the level is not contributed to by Verizon, a thorough investigation was done of the child care center and no increased level could be seen because of Verizon being there, according to Verizon the levels were taken at their peak busy time between 4:00 and 6:00 p.m. however a pre- 5-14-01 I construction measurement was not done, just a post- construction measurement, often a computer analysis is done to see what is expected, this system was a dynamic live test which is controlled by the traffic, they do not know what the traffic was doing. Mr. Harvey stated that he is a totally independent contractor from Verizon, he must take their word for a certain amount of information, the City's protection in the future would be spot checks. Vote on the motion to receive and file the report: AYES: NOES: ABSTAIN: Boyd, Campbell, Doane, Larson None Yost Motion carried Councilman Larson stated there should be a clarification of the motion of Councilman Yost on public hearings because the federal government prohibits a local agency from denying a tower based on health reasons, if there is a public hearing on whether there is a health reason it would be a hearing on facts that the City would not be allowed to consider. Councilman Yost responded that he has concern that the City may place a tower where residents may have concerns but may not have adequate notice, his desire would be that the residents of the area be notified. I ITEM "X" - RESOLUTION NUMBER 4892 - LOT LINE ADJUSTMENT NO. LLA-Ol-Ol - SHOPPING CENTER - SEAL BEACH BOULEVARD/ WESTMINSTER AVENUE Councilman Doane inquired as to the purpose of this adjustment. The Director of Public Works noted that a representative of this Center was present to respond to questions, however explained that any property owner has a right to make some adjustments outside the Subdivision Map Act, this is not an approval for construction or change of zoning, any such changes would need to come through the City. Mr. Robert Sensor with the firm of Huitt-Zollars, representing the owner of the Center, stated that there are existing legal parcels, this Center was developed over the years and conveyed separately, now the Shopping Center, LLC owns the entire Center, some of the parcels are irregular in configuration in relation to the existing buildings, the reason for proceeding with the lot line adjustment is primarily for financing purposes, and acknowledged that any future development on the property, reconfiguration, or new lots on the parcel would be through new subdivision and development applications. Councilman Larson inquired if another building could be constructed through this reconfiguration, the response of the representative was that the two lots being reconfigured already have buildings thereon, in order to create a new building it would be necessary to go through the standard development process, this could be an initial step to a new building. I Doane moved, second by Boyd, to adopt Resolution Number ,4892 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LLA-Ol-Ol FOR PARCELS 1 THROUGH 5, ALSO KNOWN AS SEAL BEACH SHOPPING CENTER." By unanimous consent, full reading of Resolution Number 4892 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried 5-14-01 with unanimous consent of the Council, a brief recess was called. PUBLIC HEARING / RESOLUTION NUMBER 4893 - FEE ADJUSTMENT - AOUATIC PROGRAMS Mayor Campbell declared the public hearing open to consider adjustment of the aquatic program fees. The City Clerk certified that notice of the public hearing had been advertised as required by law, and that no communications have been received relating to this matter. The Director of Recreation, Parks and Community Services presented the staff report, explained that this request is brought to Council prior to consideration of the annual fee resolution as a result of the increase of energy fees and the necessity to offset those costs at the earliest possible time. The Director noted that the City is currently attempting to reduce energy costs by covering the pool with a thermal blanket, reducing the temperature by a couple of degrees, the quarter of a million dollar pool refurbishment resulted in a more efficient filtration system, and in the upcoming year more efficient heaters are proposed to be purchased which will also reduce energy costs. In the interim it is necessary to increase the fees in keeping with neighboring cities as well as rates that the citizenry can afford. Councilman Yost inquired if his daughter's prior participation in the Seal Beach Swim ,Club and current use of the pool for Junior Guards would pose a conflict of interest with this consideration. The City Attorney responded there would be no conflict unless any of the aquatic fees are being received. To a question posed by Mayor Campbell, the Director explained that fees are reviewed annually, in this case the pool fees have not been adjusted for about three years. Councilman Yost asked if the fee adjustment is reviewed by the various aquatic program users, the response was that the Parks and Recreation Commission reviewed the fees and made the suggested adjustments. There being no comments from the audience, Mayor Campbell declared the public hearing closed. I I Boyd moved, second by Yost, to adopt Resolution Number 4893 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING RESOLUTION NO. 4816 PARK AND RECREATION FEES TO REFLECT REVISED FEES RELATING TO AQUATIC ACTIVITIES." By unanimous consent, full reading of Resolution Number 4893 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried PARKING MANAGEMENT COMMITTEE RECOMMENDATIONS - ORDINANCE NUMBER 1469 / RESOLUTION NUMBER 4894 - PARKING PERMITS The City Manager reported that the recommendations before the Council are the result of several parking Management Committee meetings, attended by Councilmembers Doane and Boyd, the recommendations relate to the type of parking system in the City, restricting the resident permit parking to Old Town residents, the resident sticker would then no longer be available to persons residing outside the Old Town area. Analysis shows that in fiscal year 2000/2001 there were 3,910 permits issued to Old Town residents, 614 to persons residing in other areas of the community, the recommendation also is to reduce the number of guest permits from two to one, and at time of public hearing a fee schedule will be brought forward showing an increase of the parking permit from $10 to $20 annually and the cost of a guest I 5-14-01 permit from $14 to $20, this will provide a revenue neutral program. The Manager explained that the reason this is brought to council at this time is that the permits go on l,t sale July . I Councilman Boyd moved to approve this item as presented. Councilman Yost seconded the motion for discussion. Councilman Boyd stated that the intent of the parking permit was to free parking for residents impacted in Old Town by beachgoers and visitors to the City in that the business and residential areas interface. There was considerable discussion of this issue between the Committee and the police Department, determined that a significant number of permits are issued to residents outside the Old Town area and the number of guest passes felt to be excessive, the boundaries of the area would be Ocean Avenue, Seal Beach Boulevard, First Street, and Pacific Coast Highway, and the fee increase is felt to be nominal. He mentioned also that in the case of a resident hosting a number of guests there are temporary permits available from City Hall, this provides a greater opportunity to park in lieu of two guest passes. Mr. Gordon Shanks, Surf Place, expressed his concern with the Ad Hoc parking Committee coming forth with piecemeal recommendations, piecemeal is confusing to the people, his feeling is that the Committee should come in with a full recommendation in that this relates to Old Town, the business section and surrounding environment primarily, the Main Street situation, parking behind businesses, etc. Other than this concern, Mr. Shanks said he was not necessarily opposed to the recommendation. Councilman Boyd estimated that the Committee would conclude its considerations in about two more meetings, and Councilman Doane stated it was felt this matter could be brought to Council now in that the new fees will soon be due, this does not have a bearing on the Main Street issues. Councilman Boyd made mention that parking has been studied for years, many recommendations yet no action, the intent of the Committee was to come forth with recommendations that would have an immediate affect to improve the options for parking in Old Town, this does that, the Committee will also be discussing metered parking and management of the public parking spaces in the Old Town Specific plan area, those recommendations will be a party to this proposal but not affected by it. Councilman Yost made note that the California State Parks have reduced the parking rates at Bolsa Chica by half, Seal Beach beach parking rates were based on the Bolsa Chica rates, and asked if that has been given consideration. Councilman Boyd said beach parking and associated fees have not as yet been discussed, the State surplus played a part in the reduction of those parking rates, in Seal Beach however there is a dependency on that revenue to operate the beach lots and make improvements to Main Street. It was noted that a public hearing will be set for the next meeting to consider the permit fee recommendation. The City Attorney recommended that the actions of Council be done separately, to which the maker of the motion and second were withdrawn. I I Boyd moved, second by Doane, to approve the introduction and first reading of Ordinance Number 1469 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO THE REGULATIONS AFFECTING RESIDENTIAL PARKING PERMITS" and that a public hearing be scheduled. By unanimous consent, full reading of Ordinance Number l469 was waived. 5-14-01 AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried The City Attorney recommended that the map of the boundaries of the affected area of the City be attached as Exhibit "A" to the Resolution, also, minor word changes will be made to the Resolution to conform the description of the area with the graphic depiction of Exhibit "A", the wording to be "any bonafide resident residing within the area shown on Exhibit "A" and generally bounded by..." Boyd moved, second by Larson, to adopt Resolution Number 4894 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING ELIGIBILITY REQUIREMENTS FOR RESIDENTIAL PARKING PERMITS" as amended. By unanimous consent, full reading of Resolution Number 4894 was waived. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried BIXBY OLD RANCH TOWNE CENTER PROJECT REVIEW OF PUBLIC RIGHT-OF-WAY LANDSCAPE PLANS The Director of Development Services presented the staff report, explained that the proposed Public Right-of-Way Landscape plans for Seal Beach Boulevard and Lampson Avenue are presented pursuant to request of the Council approximately a month ago to review and provide recommendations relating to the plans prior to the finalization and approval of the plans by the Development Services Department. A photo was shown of the landscape plan for the greenbelt area at Lampson and Seal Beach Boulevard, generally referred to as Area B of the Bixby development, a diagram also shown of the landscape improvement plan for the easterly side of Seal Beach Boulevard from approximately Lampson Avenue north to the end of the shopping center. Plans of the landscape improvements had been provided to Council by the landscape architect for the project indicating plant materials, sizes of trees, shrubs and ground covers, those proposed for the project are the result of their consultation with the Development Services and Parks and Recreation Departments with regard to the plant varieties. The landscape plans were a requirement of the conditions of approval for the Bixby Old Ranch Towne Center project, the Council packet also contains a copy of a memorandum sent to the landscape architect, their comments noted as attachment two, attachment three is then City comments to their comments by Development Services, Engineering, Parks and Recreation, and the Tree Advisory Board, an overview of whether or not it was felt that the suggestions had been complied with or they attempted to comply as best they could. As part of the EIR approval for the project there were a number of mitigation measures imposed at the time of certification of the Environment Impact Report, the applicable measure for the landscaping areas, G-13, which required as mitigation for loss of trees throughout the entire project, replacement of eucalyptus trees on a four to one ratio with twenty-four inch boxed trees and non-eucalyptus species of trees were to be replaced on a two to one ratio with thirty-six inch boxed trees. The Director explained that once the EIR was certified an arborist was brought in to look at the eucalyptus grove along Seal Beach Boulevard, the arborist selected by the City, his recommendation was to not replant with twenty-four inch boxed eucalyptus trees, rather ~o use smaller trees because the root structure would adapt better to the ground environment in which they were to be planted, with twenty-four inch boxed trees there is a chance that the I I 5-14-01 I root ball has started to wrap in the container, thus a damaged root structure and the trees are not as healthy. City staff has indicated consistently for a number of months of the intent to approve the project with smaller sizes of the eucalyptus trees, those trees would be monitored to assure that within a certain period of time they would reach the same trunk caliper size that a twenty-four inch boxed tree would, that to assure that Bixby has complied with the requirement of the mitigation measure but it would take a bit longer for that growth to occur, in talking to the arborist they have indicated that the type of eucalyptus being planted would reach that growth in about a two to three year period of time, monitoring of the eucalyptus trees would continue during that time to assure that the required number of trees were replanted and reach the maturity required before closing out the requirements of that mitigation measure. With regard to the eucalyptus trees, there were two types involved in the removal program, the City has a permit requirement to remove eucalyptus trees over a certain size of trunk diameter, those are referred to in the staff report as 'permit' trees, three hundred eighty-three trees were required to have City permits to be removed, there were one hundred two other eucalyptus trees on the properties that were smaller than the permit requirement, those referred to as 'non-permit' trees, total was five hundred eighty-five eucalyptus trees removed, the total replanting required under the mitigation measure is one thousand seven hundred thirty-six trees, at this point there have been a total of one thousand seven hundred seventy-three eucalyptus replanted, not all of those are the same caliper size as a twenty-four inch box, those are the trees that will be monitored to assure they reach that caliper size, in addition, the numbers do not reflect additional tree planting programs that have not as yet been submitted for different aspects of the project, there will be additional landscaping of the parking area of the Old Ranch Country Club, around the public driving range end of the golf course when it is constructed, and additional plantings within the golf course along the screen barriers along Seal Beach Boulevard as protection of the public rights of way from golf balls, those plantings too will include eucalyptus trees, at this point the project has met the number of eucalyptus trees required to be replanted. Of the three hundred eighty-three trees required to be removed by permit, one hundred thirty-four were within what is referred to as the greenbelt area along Seal Beach Boulevard north of St. Cloud, basically in front of the shopping center, fifteen trees were removed south of St. Cloud in the same greenbelt area that were diseased trees, the remainder were removed from the golf course, did require permits yet not part of the greenbelt area, there were two hundred ninety-seven other types of trees removed from the property, the required replantings were five hundred ninety-four trees, of the plans seen or approved at this point there are a total of one thousand four hundred fifteen trees planted or proposed for planting, which again does not include the additional planting areas. With regard to the fiscal impact to the City there is none for the replanting program, that is a cost borne by the Bixby Ranch Company and the long term maintenance of the plantings on public rights of way will be funded and maintained through a landscape maintenance district. In looking at the plans, the Development Services Director mentioned that there are a couple of areas where staff has some concerns, the intent is to approve the plan as presented unless the Council has certain issues that staff has not addressed, one is that there are a number of Liquidamber and Tristiana trees along I I 5-14-01 the frontage of the shopping center that are proposed as fifteen gallon trees, staff would recommend a twenty-four inch boxed tree, there are a number of thirty-six inch boxed trees proposed primarily at the driveway entrances to the project as an entry statement however some of the trees between the driveway locations were felt should be a little larger trees in the initial planting as there is a large greenbelt with a lot of space, the desire was that the trees not look lost, the concern was similar for Lampson and Seal Beach Boulevard, thus the Sycamore trees proposed for that location be increased from thirty-six to forty-eight inch boxed trees and that a number of trees behind the Sycamores be increased from the proposed twenty-four inch box to a thirty-six inch box. I Councilman Boyd noted the staff proposal to increase the boxes at specific locations from twenty-four to thirty-six and thirty-six to forty-eight, those said to be statement trees at the driveway locations that intersect Seal Beach Boulevard, the requirement was that they plant two thousand three hundred thirty trees but they are planting three thousand one hundred eighty-eight trees, that is a lot of trees, just five hundred were removed, the question is why is a larger boxed tree not being required for the statement areas, then fewer trees, in order to increase the maturity and growth that would be commensurate with the investment. The Director said he believed that would be a policy issue should the Council choose to give such direction, what staff was looking for was to try to ensure that the entry locations have some degree of maturity but still have trees planted in a smaller size so that in the long term there is a good grove appearance along the Boulevard and particularly along Lampson rather than having a larger but more sparce tree pallet, the goal was to try to balance entry statements now then over the next five years see the smaller trees reach a maturity level to where they become viable, a grove appearance rather than clumps of trees. Councilman Boyd said his preference would be to see a much larger tree at the statement areas and fewer trees planted immediately in the grove areas, phase in the staff recommendation, he would not like to see this number of trees planted now then realize it is not a healthy grove and the area over-populated, thus the reverse of the desired affect. The Director clarified that the total number of trees being planted are not just on the greenbelt areas, they are throughout the project, a two hundred thirty acre golf course has a number of the trees, the Centex Homes residential project is a large component of the non- eucalyptus species of trees. It was noted there are thirteen hundred trees on the project, and seventeen hundred on the golf course, three thousand one hundred eighty-eight trees in all. Mayor Campbell stated that her concern is with the trees that were removed for the shopping center and in the windrow, one hundred thirty-four trees were located within the forty foot setback north of St. Cloud, how many of those are going to go back. The Director explained that the one hundred thirty-four trees north of St. Cloud in the greenbelt area were removed for a number of reasons, primarily that they were infected by the lerp psyllid that are destroying a number of trees throughout Southern California, the recommendation of the arborist on that particular area and throughout the project was that there were too many trees and too close together to begin with, when a replanting is done the trees should not be nearly as close as they had been because they would not become large, healthy specimens as would be expected, what is proposed at this point from about I I 5-14-01 I St. Cloud and across the front of the shopping center as far as eucalyptus trees is a total of thirty-one eucalyptus trees going back into that area along with thirty-nine other varieties of trees, that will be about seventy trees going back where there were one hundred thirty-four, the trees will be spaced wider, noted also that there will be a twelve foot wide bike path developed in that area, one of the issues with eucalyptus is that they tend to have limbs that crack and fall for no particular reason, even with mature, healthy trees, the concern has been that there not be a lot of eucalyptus overhanging the bike path, so the effort was made to not have a large number of eucalyptus trees immediately adjacent to the path, that is why the number of that species is reduced, yet throughout the project there is the required number. As to the mitigation measure it could not be expected that the four hundred eucalyptus trees would go back into the area where there had been one hundred thirty-four, they would just not become healthy trees. Councilman Boyd stated again that his preferenc~ is more mature, healthy trees in the greenbelt and statement areas and if that means offsetting that planting with smaller trees that seems to be a staff and arborist recommendation to follow. The Mayor noted one hundred thirty-four eucalyptus trees taken out, replaced with thirty-one, and asked where the other trees are going. The Director responded that it would be Lampson Avenue and the golf course. The Mayor said of concern to her is that everyone considered the windrow as sacred, it gave ambiance to their community, and when one looks at the trees being replaced she would like to see all of the trees replaced somehow so that they are available for all to enjoy, putting them on the golf course means nothing to her, the trees need to be more readily accessible for the community to enjoy, if nothing else she would like to see some of these trees in the center divider on Lampson Avenue to enhance the public right-of-way, when some of the eucalyptus were destroyed over the years due to accidents they were never replanted. Placing those trees on the golf course only helps Bixby Ranch not those who drive the streets, in fact she is offended by that proposal. Councilman Yost said his concern was with the landscaping in front of the shopping center, and inquired as to a time frame for that being done. The Director responded that once staff approves the landscaping plans, the grading plans have been approved, the only other thing would be approval of the irrigation plans by the Parks and Recreation Department, once those plans are approved a guesstimate would be that they could begin within thirty days. As to consideration by the Tree Committee, the Director confirmed that they did review the landscape plans, their comments provided as attachment two to the staff report, they did not spend a great deal of time with regard to the type of trees except that there was a comment that they should include more native California species, the plan was then revised to include Sycamore, a native to California, other than that their issue was similar to that of Councilman Boyd with regard to increasing the size of trees, particularly at the focal points of the project, that suggestion was addressed to some degree in the proposed staff conditions to increase the size of trees'at the non-driveway areas, and in the case of the Lampson/Seal Beach Boulevard corner it is basically a neighborhood entry. Councilman Yost agreed that every effort should be made to make Lampson/Seal Beach Boulevard a neighborhood entrance to let people know that when they turn on Lampson they are coming into a neighborhood, but again his concern is in front of the Center where the windrow used to be, there were a number of promises I I 5-14-01 made that the windrow was going to stay, that was a big part of that project, his preference would be something that has more density in terms of foliage that more closely matches what was once there and improve the appearance, his concern is not with the cost to Bixby, preference is that it be a nice neighborhood Center as was promised. with regard to the planting scheme that was recommended for the frontage of the shopping center, Councilman Boyd stated again that he would like to see larger sized trees in front of the shopping center, particularly in the statement areas, that adds a lot to the project, the developer would benefit from that, and asked if the planting scheme was recommended by the developer or the arborist. The response was that it was recommended by the landscape architect, present in the audience, who could respond to tree species, spacing, etc. Councilman Boyd suggested that the architect be heard from as to the spacing, etc. of plantings, said he is not necessarily a proponent of creating another windrow, noting that the AFRC and weapons Station used to be nothing but eucalyptus trees, the last remaining area of that was the windrow along Seal Beach Boulevard, that obviously not a healthy windrow. The Mayor said her preference would be to put more trees in that area to make it more dense, again, one hundred thirty-four were removed, only thirty-one going in, that is a reason for suggesting that the other trees be put into another general area where the general public can appreciate the trees, to put the excess on the golf course is not the place that the public can enjoy, she wants the public to be able to see them, as many as possible. Councilman Larson noted there are five different opinions on this Council, he would guess that the members of the golf course would not want another five hundred trees on the course, he does not personally care for eucalyptus trees, and they do not belong in the street. The Director explained that the landscape architect was retained by the Bixby Company, the plans have been reviewed by Development Services, the tree arborist retained by the City for the eucalyptus grove, and Bob Eagle. I I Mr. Pete DiLallo, landscape architect, Fountain Valley, employed by Bixby Ranch yet said he has worked closely with the Development Services Director, the Recreation Director, and Recreation people. He offered that if bigger trees in accent areas are desired that can be done, smaller trees in other areas, the area on Seal Beach Boulevard is quite narrow, not too many trees can be packed into it, the Target landscaping plan was done by another firm and takes up a large volume of space, there is only about thirty to forty feet of parkway, the idea for larger trees at the entries is good, then include smaller or less trees, yet that conflicts with the thinking of the Mayor. Councilman Boyd noted that typically developments such as this do place more mature trees at their entrances, the intent was to create and maintain a landscape buffer between the street and the project area, that was the reason for the forty foot setback in that area. Mr. DiLallo stated that thirty-six inch boxed trees are proposed for the main entrances and in the median on Seal Beach Boulevard, in the Towne Center the biggest trees are thirty-six inches, his client is of course concerned with the budget, he would like to go to bid first to determine the cost, also, the ground cover areas on Seal Beach Boulevard would be one gallon containers, however instead of those flats could be planted that would save some of the cost and then put that money into larger trees, said they are flexible and will do whatever needs to be done. Mayor Campbell asked if these would be canopy trees. To that I 5-14-01 I Mr. DiLallo stated there are eucalyptus trees in the parkways on Seal Beach Boulevard, the trees on the property line are verticals because some of the buildings are 'about five feet away, the trees in the median are canopy trees where they will be allowed to grow and soften the area. Councilman Boyd said some of his concern is also with turf, will there be turf or ground cover in the forty foot area. Mr. DiLallo stated there will be no turf on Seal Beach Boulevard per the request of Development Services and Parks and Recreation, it will be ground cover in one gallon cans, two to three feet apart will give a nice impact from the beginning, at the Towne Center there will be turf and ground cover, the only problem is that they can not recommend larger trees based on the desire of their client. Councilman Boyd said if the direction of Council to staff and to the developer is that Council is looking for larger trees as entry statements and given budgetary restraints and blending those together, is it feasible ,that could occur. Mr. DiLallo indicated it could. Councilman Yost offered that since there is a desire for more mature trees and increased density, why not just add more mature trees at the entrances even though it may go over budget. Mr. DiLallo said he agreed to some degree but he is in the middle of the issue, staff and Bixby can discuss the budget. Councilman Boyd noted that a four to one mitigation is a substantial requirement in terms of trees, in that most of the mitigation is going onto the golf course, if the number of trees required for mitigation is reduced that would then offset and create revenue to put larger trees in the public areas. Mr. DiLallo said during the design stage it was thought that some eucalyptus on Seal Beach Boulevard would be interesting to keep. In trying to facilitate the desires of Council and allowing the applicant to remain within budget, Councilman Boyd said if it were a policy direction of the Council to say there is no need to plant some thousand trees over the mitigation ratio, reduce the mitigation ratio to facilitate the opportunity to have more revenue to put larger trees on Seal Beach Boulevard, that would seem to make more sense. The Mayor said it is obvious that the desire is for more and larger trees, she would not want to necessarily reduce the number of trees that are required by the development agreement, there seems to be a concern with putting them down Lampson, she merely suggested that for the benefit of the people, it was said that golfers would likely not want more trees on the course, the trees due the City are set forth in the development agreement, this would just be a means to add trees into the public area. Councilman Boyd said if the desire is to see trees in the public rights-of-way, or within the public domain of view, Lampson Avenue and Seal Beach Boulevard, then there needs to be an offset, that is to tell the developer through his representative that the Council wants to see more trees along those areas in a larger quantity, size and scale, his retort is going to be that there is a development agreement that states what is to be done yet the City is asking the developer to modify that through the staff, stating he wants more trees on the Boulevard and not on the golf course. Councilman Yost again stated his preference for more density to make the area more of a neighborhood Center, safe, comfortable, and attractive, he did not feel this plan does that, also, there is not enough canopy plantings in front of the Center. Mr. DiLallo stated that the trees in front of the entrances are Evergreen Elm, a terrific canopy tree, the trees in the median are canopy trees also, which are Camphor trees, there is not much room in the forty foot area with a twelve foot walkway and a five foot setback from the I I 5-l4-0l buildings to plant canopy trees, the eucalyptus could be taken out, it is whatever is decided to be done, his firm has worked for three to four months on this project with staff, the problem may be with the size of trees, that needs to be discussed with Mr. Bradshaw. Councilman Yost mentioned again the density in front of the Center, it is realized that the architect was not present at the hearings during which the majority of people who spoke were concerned about the windrow, Council worked hard to save that as much as possible, now it is gone, along with that is the public confidence in the Council, he is going to see that it is as close and nice as possible to what was there, more canopy trees would help to increase the density. Mayor Campbell said it was realized that there was a problem with the red gum eucalyptus, they are being descimated by the lerp psyllid in Southern California, that is understood, then it was decided to go with a variety of eucalyptus trees so that if they are hit by a pest again all of the trees would not be lost. Mr. DiLallo said the design intent for Seal Beach Boulevard was to provide different varieties of trees, colors, canopies and verticals, when they grow the trees along the property line will be significant, it will look dynamic. Councilman Yost said he too is not a fan of eucalyptus, they are dangerous, dirty, a lot of litter, limbs drop, especially when there is a bike path with children riding from the neighborhoods to the Center, his desire would be a recreation of the atmosphere that was there, a thick grove of green that is now gone. Councilman Boyd offered that that is likely the recommended trees, Liquidamber is a fast growing, green tree, although lose their leaves in the winter, several have just been planted throughout the City and in the Seal Beach Boulevard median, twenty-four inch boxed size that will grow about twice their size in two years, four to five feet a year. He said his preference would be to direct staff to try to get larger trees in a greater quantity to create the canopy affect that Council desires, that is the goal, yet the numbers are not set in stone, the idea is the affect, that is being attempted through numbers, which is not necessarily correct. Mr. DiLallo made the statement that design is very subjective, this is a nice design, it could be done a number of different ways. Councilman Doane said he did not know the species of trees but likes the effect of the roadway that goes through the Bixby Office Park and ties into the freeway, there is density with those trees, they are tall, they grew very fast, possibly that type of tree mixed in with the eucalyptus could create the same density. Mr. DiLallo noted that the eucalyptus will be five gallon but will grow four to five feet a year, the canopy trees may be fourteen to fifteen feet high and the same width, there needs to be some direction on this. Councilman Larson said it was recognized that the huge eucalyptus trees were going to be depleted in one way or another even though the disease was not anticipated, therefore a lot of small trees were specified, if the desire now is for big, dramatic entry trees, to be fair the City must give up an amount of little trees, that is what Councilman Boyd suggested. The Mayor said she did not believe that size had been an issue, little trees not specified, just a ratio of four to one. Councilman Yost noted that when a shopping center and parking lot are developed there are a lot more areas for which to plan, the increase of the size of the golf course as well, so there are more opportunities for landscaping, the diagram does not show the trees planted, his recollection too was that there was no size specified, his feeling is that this plan does not I I I 5-14-01 I achieve the desired affect. Councilman Larson noted that the City wants one thing however the developer has a budget that he needs to go by and in accordance with the agreement and what he anticipates in the number of trees, a denser tree costs more money, hopefully the developer will come back with something artistically beautiful that satisfies the needs of the City within the same budget range, it was said there is no concern with the developers budget, but he is concerned. The Mayor said she did not believe that budget was not addressed in the development agreement only the quantities of trees. Councilman Boyd said however the City specified the number and size of trees, that was to create an affect, the City is now saying this affect is not sufficient and the desire is to alter it. Councilman Larson said what is desired is what looks good to the Council, the landscape architect has presented a plan that looks good to him, but it does not meet the desires and expectations of a majority of the Council. Mr. DiLallo noted again that if more eucalyptus were planted on the Boulevard they would all be five gallon containers, twenty-four inch eucalyptus is not desirable for this planting. Councilman Yost mentioned that the development agreement specified so many trees for those that were taken out, now the developer is bringing forth what his first plan is, a first plan will be the least number of trees and cost as possible, his belief is that the Council has to assure that the specifications meet the needs of the Council, not just the needs of Mr. Bradshaw, it is likely the desire of Bixby that as many people see the shopping center as possible and to get through the development agreement with the least expense possible, the least paid for trees the more money the developer makes. Councilman Larson pointed out again that the Mayor and her constituents want a more dense grouping of trees, what the people expected, Councilman Boyd wants larger trees at the entrances, it was thought that would concede less density because of having larger trees. Mr. DiLallo said that could be done, they have thirty-six inch boxed trees now, one size smaller than the forty-eight now requested. The Mayor confirmed that the desire is for larger trees at the entries as well as a greater density inasmuch as in front of the Center where the windrow was taken out there is now nothing. Mr. DiLallo suggested larger trees at the entries and smaller trees elsewhere as was stated. Suggestion was also made that if the golfers do not like trees on the course put the smaller trees there and larger trees on Lampson and the Boulevard. Councilman Boyd mentioned that it is not more trees that is desired, it is better quality trees in the public domain, the direction to staff should be for larger trees on Seal Beach Boulevard and quality trees in the public domain to create a canopy affect that reflects the desires of the Council, they are planting trees to meet the mitigation ratio and most of those are going on the golf course. The Mayor countered that the trees need to be larger and more of them. Mr. DiLallo made reference to the landscape plan booklet, stated he had not received any comments or questions, assumed what they were doing was liked, the plan was not done wholly by his firm but with the Bixby and the City. Councilman Larson inquired if Mr. DiLallo understood the desires of the Council, the response was that he did. Councilman Larson said he is disappointed when someone works with the staff and appears to have developed a good plan and then it is deemed to not be acceptable, that does not make him comfortable, therefore this next time it is hoped that there can be a plan that is reflective of what the Council wants. Mr. DiLallo offered that staff desires could be interpreted in many ways. I I 5-14-01 Councilman Yost said he did not believe that the plan is being blown away, he would just like to see it augmented somewhat, particularly in front of the shopping center, he would not want to put down the work of staff, they have worked hard especially in their considerations for safety along the bike path, types of trees, etc. Councilman Boyd said it was the Council that specified the size of trees so now it is the Council that must say that the size needs to be changed, different trees in different areas, the minimum size was specified in the development agreement, they brought forth a plan in compliance with that, therefore it is the responsibility of the Council to make the changes. Councilman Yost disagreed with that analysis, there are fewer trees in front of the shopping center than there were previously had there not been the infestation. Councilman Boyd inquired if the number of trees for the areas were specified or was it just numbers of trees in terms of the mitigation ratio and the size. The Director of Development Services responded that the mitigation ratio specified a size replacement for different types of trees but not specifically where those trees were to be replanted. He explained that the golf course has basically been replanted at this point, with regard to the berm/slope area along Lampson to shield the driving range from view there are nearly three hundred eucalyptus trees planted thereon which is immediately adjacent to Lampson and visible to the public as they drive Lampson, what will be seen is basically a relocation of part of the eucalyptus grove from the Boulevard to Lampson. The Director said his belief is that what City staff and Mr. DiLallo has tried to deal with is that there are a certain number of trees that are required to be planted by Bixby as part of this project, those numbers have been met and exceeded by the planting programs that have been submitted to the City to this point, and exceeded by the size and type of trees proposed, the issue that he believes Councilman Boyd is trying to address is that the City set forth a mitigation measure that required the planting of so many thirty-six inch boxed non-eucalyptus trees, Bixby has done that, many are planted on the golf course, many of those trees are visible from Lampson Avenue, they will be publicly visible for both the commercial projects, within the shopping center, at Lampson Avenue, and the home project when built. The Director expressed his belief that the primary concern being heard is with the entry points along the shopping center and not so much the Lampson/Seal Beach Boulevard triangular area other than staff comments that that area needed to be expanded, it ~ould be helpful if that could be clarified. The Mayor said there needs to be trees there as well, but the concern is with the area north of St. Cloud. The Director said he believed staff could work with the landscape architect to try to find a way to increase the size of trees at the entry points with the understanding that there may be more trees planted at the non-entry points however they may be smaller trees initially that will grow in time to become a very nice grove as it is believed the Council wants, but there will not be the immediate planting of twenty-four inch boxed trees along the entire frontage of the shopping center, rather, larger groupings at the entry points with the areas in between having a greater number of trees that are smaller of a species that will grow rather quickly and within two to three years the grove appearance will return, that is what is hoped can be accomplished. councilman Yost expressed concern that a number of the trees, the big trees, have already been planted on the golf course. The Director explained that what Mr. DiLallo has indicated is that there are thirty-six inch I I I 5-14-01 I boxed trees now proposed at the entrance points to the shopping center, staff could work with them to increase the tree sizes to forty-eight inch boxes and then, instead of having twenty-four or thirty-six inch boxed trees planted in some of the intermediate areas from the intersections, fifteen gallon or twenty-four inch could be planted to possibly increase the number of trees planted in those areas however it will take some time for those trees to reach maturity. Councilman Yost asked why not just increase the tree sizes at the entrances and plant the others as proposed, why is there need to make a tradeoff, if there is need for a tradeoff put the smaller trees on the golf course. Councilman Boyd noted that the City signed a development agreement, what seems to be heard is somewhat of approval remorse on behalf of the Council, possibly because at that time all discussion was not exhausted, however when the mitigation plan was approved it was not clearly articulated that the vision was a certain number of certain sized trees in specific locations, that is what is trying to be done now, after the fact with no leverage, so leverage needs to be found to tell the Bixby Ranch Company that the City wants so many of certain sized trees in specific locations, unless there is some leverage Bixby could simply follow the development agreement, unless the City wants to offset the mitigation in another area, as reported, Bixby has planted a significant number of trees already and in accordance with the development agreement, specific sizes and types of trees. Mr. DiLallo said this is not a bad plan, there is no need to put the onus on Bixby as they are trying, the trees and shrubs being recommended are a good size, the City just wants them larger, to that Councilman Boyd offered that the Council did not clearly articulate their vision, there is the development agreement that the City and/or Bixby needs to abide by or this needs to be mitigated for larger trees. Councilman Yost disagreed with that characterization, said again that it is the developer that wants to maximize his profit by planting smaller trees for better visibility of the shopping center, this is before the Council for approval, this is a matter of negotiation, that is his intent. Councilman Boyd agreed that it is a negotiation because the plan can be either approved or disapproved, but the key to negotiation is leverage, in that respect approvals have already been given, they have built, the City specified the number and size of trees but without specifying location, rather than denying the plan his preference would be to work within a plan for the benefit of the people the Council represents, that being a vision of a canopy and lush landscape environment on Seal Beach Boulevard and throughout the project area. Councilman Larson expressed his observation that the Council is going no further this evening, what has been mentioned can not be adequately described, what is needed is another plan on which the Council can agree. The Mayor said again it is more and bigger trees. Councilman Boyd noted that the architect had provided two landscape drawings, one of the Boulevard/Lampson triangle and one of the Seal Beach Boulevard development, both to scale, however he would like to see a concept of the trees drawn to scale, if a forty-eight inch boxed tree show the scale of the canopy, and Councilman Yost stated his preference that it be drawn in the present and future, his desire is to see what it will look like now. The City Manager suggested possibly a computer visualization in a specific area by using a building and show the trees now and in five and ten years. The Development Services Director advised that staff would work with the landscape architect in I I 5-14-01 / 5-29-01 an attempt to accomplish the desires of the Council, staff will also continue to hold additional discussions with Bixby as to additional plantings on Lampson, there has been discussion however nothing final as yet. CouncilmanlLarson offered that it is impossible to average out the comments of Council, suggesting that staff merely do the best possible to satisfy the Council desires. GRAND JURY REPORT - RESPONSE LETTER - SEWAGE SPILLS/BEACH CLOSURES Boyd moved, second by Larson, to authorize the City Manager to execute and forward the response letter to the Orange County Grand Jury relating to their report entitled "Sewage Spills, Beach Closures - Trouble in Paradise." I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS No comments were presented. ADJOURNMENT It was the consensus of the Council to adjourn the meeting until Tuesday, May 29th at 6:30 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 9:58 p.m. I clerk Approved: yJ~Wul e~ /1 Mayor I I , Attest: Seal Beach, California May 29, 2001 I 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 Boyd, Doane, Larson, Yost