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HomeMy WebLinkAboutCC Min 2001-08-13 7-23-01 / 8-13-01 cooperate with the City was relieved of his position;by Mr. Hennessey, their objectionable activities were no longer, 'therefore working with management can be done. With I regard to his 'Friends Helping Friends' recognitions, Mayor Doane welcomed recommendations from members of the community of future deserving recipients. ADJOURNMENT It was the order of the Chair, with to adjourn the meeting until August in Closed Session if necessary. By meeting was adjourned at 8:40 p.m. /) consent of the Council, 13th at 6:30 p.m.lto meet unanimous consent, the , I clerk Approved: Attest: ~~~r 'fl / C~ ty Ie . Seal Beach, California August 13, 2001 The City Council of the City of Seal Beach met in regular adjourned session at 6:30 p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. I ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson, Yost , Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk I The City Attorney advised that anyone wishing to speak to the items listed on the agenda could do so at this time.: No one addressed the Council. I 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 with regard to two potential cases of litigation pursuant to Government Code Sections 54956.9(b) and (a), and a conference with the labor, negotiator relating to Confidential, Supervisory, I Professional & Technical Employees and Management/Mid- Management Employees pursuant to Government Code Section 54957.6. The Council adjourned to Closed Session at!6:31 p.m. and reconvened at 7:05 p.m. with Mayor Doane calling the I 8-13-01 meeting to order. The City Attorney reported the Council had discussed the items previously announced, gave direction to both the City Manager and City Attorney with respect to those items, no other reportable action was taken. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:06 p.m. Approvod, ~~~ Atto,t, 9n"" ;JJJ ( a City Clerk I I Seal Beach, California August 13, 2001 The City Council of the City of Seal Beach met in regular session at 7:06 p.m. with Mayor Doane calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Doane Councilmembers Boyd, Campbell, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works/City Engineer Mr. Cummins, Associate Planner Mr. Pounds, Interim Director of Recreation, Parks, and Community Services Ms. Yotsuya, Assistant to the City Manager Ms. Yeo, City Clerk I APPROVAL OF AGENDA Councilmember Campbell requested that Items "E, F, and I" be removed from the Consent Calendar for separate consideration. Boyd moved, second by Campbell, to approve the order of the agenda as revised. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried 8-13-01 ANNOUNCEMENTS Councilmember Campbell introduced and recognized Seal Beach resident and pilot Kevin Gustafson who recently returned from , a fifty day, fifty state tour in his private aircraft with a mission to introduce children to aviation. Mr. Gust~fson explained that he began his cross-country flight June 21st, was able to provide his flying experiences to over t~o hundred fifty young people under a program called Young Eagles. Mr. Gustafson stated he personally had the ' opportunity to tour Air Force One while in Washington, D.C. and dined with astronaut Neil Armstrong. Councilmember Campbell presented Mr. Gustafson with a certificate in recognition of his accomplishments. Mayor Doane commended the City Manager and his wife for hosting a recent luncheon at the City Yard for all employees. Councilmember C~pbell , mentioned receiving a call from a College Park East resident near Heather Park describing an incident of six raccoons pursuing her cat. She pointed out that due to the i development project, the area in which wildlife has to roam is less and less, residents however are feeding raccoons and possums, which they should not as it encourages themjand could perhaps create a danger to small children. Councilmember Campbell noted that Seal Beach is still in the process of transitioning from Comcast Cable to Adelphia, Adelphia will be replacing residential modems as time goes on, however residents should pay attention to their cable bills during this period to avoid a situation of double billing. Mayor Doane thanked Sun Newspaper reporter Mr. FigUeboa for the article he published in that newspaper with regard to the 'Friends Helping Friends Succeed' pins, the pins meant to recognize people who put forth an extra effort to make this a great community. To that, Mayor Doane presented a pin to Ms. Monte Weston, the owner of the kite shop and promoter of business in town through her kites, also the organizer of the annual kite festival at which many unusual and exotic kites are flown. This helps the City, it brings people tolthe event, by helping her business she is also helping other businesses as Main Street relies heavily on foot traffic. Ms. Weston accepted the recognition with appreciatiori. PUBLIC COMMENTS 1 Mayor Doane declared the Public Comment period open. He noted that persons wishing to speak to the Seal Beach Boulevard item could do so at the time of consideration. Mr. Doug Korthof, Hill resident, said he wished to speak about sewage, that is tap and shower drainage, also brown water if it includes toilet flushing, which is treated at a sewer plant then discharged through a sewage outfall: Sewage treatment is either primary, secondary or terciary, primary uses chemicals to settle and remove most solids, secondary uses tamed bacteria to digest and clump ninety percent of the carbon compounds in sewage or effluent including live bacteria and virus, that is better, however still coritains some live bacteria and virus, terciary does more as it removes much of the odor, the treatments equate to good, better and best. Secondary treatment removes ninety'percent of viruses and bacteria but leaves ten percent, that is still bad. Mr. Korthof said the problem is the 301(h) waiver which allows avoidance of full secondary treatment for some of the sewage that is discharged four to five miles off of i Huntington Beach, so half the sewage, one hundred twenty million gallons a day, avoids secondary treatment, is discharged with only primary treatment, which still contains I I I 8-13-01 I active bacteria and viruses. There is a study being done as to whether the plume comes back to the beach, the opinion of some is to wait until the study is complete, yet any study can be ignored or misconstrued, as an example, a 1999 study failed to pinpoint the source of persistent high bacteria counts and interpreted to indicate that it was probably due to urban runoff, the question, would it be acceptable if the sewage plume came back to the beaches even once, an alternative analysis of the 1999 data said the risk of the plume coming back to beaches is not zero, it was never zero, to deny this does a disservice, the problem does not require more study, rather more treatment. Even if started now it may take five years to resolve this, to wait longer will just make it worse. The public is being charged for a new study to try to treat primary sewage by filtration yet there is no guarantee this will work, secondary is the standard elsewhere and it works. According to County staff, secondary treatment will reduce virus counts per ten milliliter, each milliliter about a cubic centimeter, from .16 to .03, about an eighty percent decrease, and reduce fecal coliform from 40 million per 100 milliliters to 1.4 milliliters, even that is bad, 1.4 is about a pint, that is not acceptable, he also raised the question as to where sewage solids are disposed of, to that he said his understanding is that Riverside is refusing to dispose of Orange County sludge until it is treated to class A status. Current theory, according to the report, is that cost savings would be primarily achieved with reduction of the amount of secondary treatment which results in a shift of solids disposal from the land to the ocean, it makes no sense to shift solids disposal from the land to the ocean to save money. There are some arguments for continuing current treatment and discharge methods, first, observers say the outfall is nourishment for bottom fish, worms, shellfish, etc., if that is correct, possibly it should be suggested that the other fifteen thousand sewer districts that have already gone to full secondary treatment should tear out their plants, if it is good for the ocean tell them they spent billions of dollars in a mistake, another argument is that secondary costs too much, far more than the benefits, however the highest figure given for going to full secondary, $350 million, is not so much given the existing construction budget of the District of 1.6 billion dollars. He suggested the public subscribe to e-mail on this issue, also talk to the Council persons, sanitation is handled by Orange County, the Sanitation District just needs to be told what needs to be done. Mayor Doane asked that information for distribution be left with the City Clerk. Ms. Reva Olson, Seal Way, said when she moved to Seal Way she used to swim in the ocean, it is now polluted, she has heard many stories of people getting infections and diseases, published letters from doctors ask that something be done so people will know how polluted the ocean is. Ms. Olson said she was appalled at sewage being dumped in the ocean and Orange County not doing secondary treatment when all other districts are. She expressed surprise that the business community was not present, tourists come to California to see the Pacific Ocean, not to see a polluted ocean. I I Mr. Jerry Tone, Hellman Properties, provided a brief update with regard to the Hellman Ranch, the housing and wetlands project, the big news is the wetlands, the appraisal of the one hundred acre lowland has been ongoing for about two months, is due to be submitted to the Wildlife Conservation Board in Sacramento about September 1st, after they, as the acquiring agency, receive it, the appraisal will go into S-13-01 their review process, the hope is that it comes out clean and intact, they meet in November, it is hoped it will receive approval with a closing sometime in the first quarte~ of the next year, so far this is moving along well. Mr. Tone mentioned too that the appraiser of the Hellman property is also appraising the Bixby and Bryant properties across the River, Hellman is the first in line, that is good fo~ Seal Beach, the project has been initiated for Seal Beach; the process and the critical mass is happening, there was a potential raid on the budget in Sacramento however that was foiled therefore the money for acquisition is still in tact, that is exciting. He mentioned that the housing aspect is moving along, the project will be back in front of the commission and Council for various aspects thereof, the project looks good at the moment. Mr. Walt Miller, Seal Beach, requested clarification, it was said that people could talk to the Seal Beach Boulevard item, the Development Services Director said there were only four items fo; discussion yet they have nineteen items of concern, ~ll have been presented to Council before, that is why they p~esumed they would need to talk at public comments, however if they can have open discussion under the item they would w~it. The City Attorney said he had not seen a list of nineteen items, if they are all related to Seal Beach Boulevard they could be addressed, however the time limit is five minutes. Ms. Seretta Fielding, Seal Beach Boulevard, mentioned that she too respects Ms. Monte Weston, noted that for the la~t four years she has supported the Long Beach Junior Crew with funds and advertising, quite likely along with many other youth organizations in Seal Beach. Ms. Fielding mentionedjalso that her son has once again competed in the World Crew Competition and took second, Monte, along with other businesses in this area supported him and other youth projects, it is wonderful to see what the local businesses are doing to support youth in the community, and expressed her appreciation. Ms. Kim Masoner, President of the Chamber and Business Association and resident, announced again the upcoming Sandcastle Festival event on September Sth arid 9th, the event will raise money for future beach cleaning!efforts, the ocean and River too, said the businesses do care, that is why there is a beach clean up every month, it is to also raise public awareness regarding water ~uality, water safety and water conservation. On September st and 9th ther~ will be two full days of entertainment, free photo I.D. cards for kids, a free survivor obstacle course for kids, conservation information, there will be coloring books, a treasure hunt, Main Street shopping game, recyclable oil containers) drowning prevention education, etc. The children le~rn how wastewater is treated and how to use water wisely, kids are the future. The Arts and Crafts Fair will be celebr~ting its twenty-fifth year, there will be over one hundred fine artists and master crafts people. A new electric car and bicycle will be shown as well as the new Toyota Hybrid. Ms. Masoner invited all to experience the magical appeallof sand castles built by fifty different talented teams, such as , Boeing, the Police Department, Disney, Oakwood, Up, Up and Away, and many local families all displaying their creativity, in addition, people will be dazzled by the main attraction, a sixty-five foot sunken pirate ship and surroundings called the Underwater Adventure by professional sand sculpture Kent Trollen. Ms. Masoner noted there will be free parking and a shuttle bus from the Navy base, more volunteers and teams are invited, and another sandcastle class will be held August 25th. Mr. Don Magee, Huntihgton Beach, not far from the outfall pipe that the orangejcounty I I I 8-13-01 I Sanitation District utilizes to pump poorly treated sewage into the ocean in spite of the Clean Water Act of 1972, said because of a little known exemption called a 301(h) waiver, 240 million gallons of effluent is being dumped a few miles off shore each day, of this, only one half is being treated to any degree of efficiency. Until recently, he like the majority of people, had not given thought to where the sewage went or how it was treated, he then found out that the County is circumventing the law by the exploitation of this waiver. Mr. Magee said for thousands of years people were uncertain as to what to do with waste, the ocean at first glance looked infinite so that is where they dumped what they did not want to deal with. Some might say that times were not as civilized then, or it could be said that not much has changed except the amount of waste which has increased exponentially, it is obvious that some still erroneously and incomprehensibly believe that the ocean is infinite. It has been noted that civilization can be judged by the distance one puts between themselves and their excrement, the undersight that led to the 301(h) waiver lends credence to the distinct probability that people are less civilized than one would like to believe. An Oceanography Professor at OCC told him in 1988 to not eat fish caught off this coast as he knew the pollution was contaminating all the fish that it was not killing. The ocean is not and has never been a proper place to profusely flush what we do not want to deal with, just because that is what we have done for far too long out of ignorance, arrogance and greed does not mean that we should continue this practice. Human beings are highly adaptable but that adaptability comes with an exorbitant price tag, depositing millions of gallons of sewage into an ocean each day is a recipe for disaster, even the greatest of minds could not begin to ascertain the ramifications of the synergistic affects of a multitude of chemicals, human waste and other carcinogens that are routinely and reprehensibly embedded offshore each and every day, the earth and its resources are finite and this reality needs to be factored into a new paradigm regarding the treatment of our home, the earth is the water planet and misuse of any of the water is antithetical to the core of our being, the culture that alienates itself from the very ground of its being is doomed to ultimately self-destructive behavior. Mr. Magee stated that the cost of full secondary, or even better, terciary treatment, might sound large but it pales in comparison to the cost of continuing the short sighted and small-minded program currently in misuse. A representative of the EPA Regional Office in San Francisco said "bottom line, the sewage that goes into ocean cannot be damaging, if it is, the situation does not warrant a waiver," so given that statement why did the EPA grant a waiver to begin with, thusly, how could they ever consider renewing it, how could they possibly contemplate compounding this egregious error again, and claimed the budget for rubber stamps at the EPA is obviously higher than appropriations for ocean monitoring. Mr. Magee made reference to a recent news article relating to scientists being accused of bias and soul-selling, said too that he had just received a message relating to an Oceanography Professor at OCC commenting on the Orange County Sanitation District study being done in spite of the fact that AES is shut down for the summer, that all persons with whom the Professor has spoken had some problems with the way the study is being carried out and what, if anything, they have discovered, he noticed that the intake was not going to be included in the study and in his opinion a serious and irrevocable omission. Mr. Magee asked that notice be given I I 8-13-01 to the Orange County Sanitation District that the continued exploitation of this waiver and as a result the degradation of precious natural resources is not warranted, necessary or in the best interest of Council constituents. I Mr. Dennis Baker, Newport Beach, displayed a 'Beach Closed' sign which he said did not come from Seal Beach alth6ugh a number of such signs were posted here early this morning, one point however, today's closure was not from Orange County Sanitation, rather a spill from up river into the San Gabriel. Mr. Baker said he comes to Seal Beach to windsurf, he buys a parking permit, lunch or dinner, yet today 'he could not as the beach was closed therefore he went to Sunset where he sailed and ate so a few dollars went there instead of to Seal Beach, as Council is aware, a lot of the livelihood of Seal Beach is based on tourism, today while in the pJrking lot at the jetty he watched people come in, they sawjthe signs, drove out, some of those people may not come back, that is one of the reasons that the coastal cities, I Huntington Beach, Seal Beach, Newport Beach have to be united in the 301(h) opposition, the Councils have to be united in opposition to the pursuit and renewal of the waiver, las the Sanitation District is planning now for applying for!the waiver which is a process a few years hence, that is ;money being spent that should be directed to fixing the problem not just waiving the problem. Mr. Baker mentioned having a discussion with the Seal Beach Lifeguard Chief with regard to ocean quality and outfall, he too was not aware thationly half of the sewage is being treated, this is typicallof everyone that this is told, it does not matter whether it is five or six miles out, this is something that shouldinot be dumped into the ocean. Mr. Baker encouraged and pledged that the Council to take a stand, also that the other coastal cities get the message that Seal Beach is opposed to!the 301(h) waiver for the Orange County Sanitation District. Ms. , Chris Hardiman, Fullerton, past PTSA President of Sunny Hills High School and involved in many volunteer groups in11her community, said she grew up in Los Alamitos with her summers spent at Seal Beach, has many fond memories of renting canvas surfriders and riding the white water next to the pier. Ms. Hardimon said after many years of not entering the oqean she went boogie boarding at Bolsa Chic a late April, with~n a few days she developed a cough that subsequently turned into acute bronchitis, was treated with antibiotics and steroids by her physician husband. She later read in the Surfrider Foundation Newsletter about the Ocean Outfall Group ~nd their work to stop the renewal of the waiver, it was a shock to learn that the sewage is deposited in the ocean, upon telling people of this fact they are appalled. At the Sanit~tion District workshop in July the staff showed an example of primary and secondary treated ocean water, primary was brown and turbid, secondary was almost clear, the public perception is one of increasing wariness regarding the state of it he beaches, many friends say they will not go in the water. Fullerton is a progressive city with a college and aj University with many involved, active adults and families, her desire would be to go back to her city and report that the beach cities are taking a stand against the waiver, other cities will support Seal Beach. The pollution image'would not be good for tourism in Southern California, but it is only a matter of time. Mr. Greg Jewel, member of the Huntington Beach/Seal Beach Surfrider Foundation, thanked the Council for the opportunity to speak on this issue, mentioned a newspaper editorial in August in favor of water qu~lity boards imposing standards on Orange County and its cities, I I I 8-13-01 I stated that since the summer of 1999 the Orange County Sanitation District has spent $10 million on the problem of beach postings and closures while discharging two hundred forty million gallons of partially treated sewage into the ocean every day, that enough sewer debris to fill Anaheim Stadium about three times. The Orange County Sanitation District should follow the lead of Los Angeles County perhaps and implement a full secondary treatment protocol according to the EIR for the Orange County Sanitation District Strategic Plan for year 2020. Full secondary treatment plus ground water replenishment reduces total coliform by seventy- five percent, fecal coliform by ninety-eight percent and viruses up to eighty-seven percent, common sense says that improving the ocean outflow water quality is good for the area beaches that annually deliver twelve billion dollars to the local economy, clean beaches are also good for the wellness of those who come to play in the ocean, yet the Orange County Sanitation District meanwhile embraces the temporary waiver, 301(h), that gives them the ability to discharge dirtier sewage into the ocean than allowed under the Federal Clean Water Act, so where is the common sense. As soon as the residents of North Orange County realize the Orange County Sanitation District can become part of the pollution solution and at a cost of perhaps less than five cents per person per day, they will impose standards of their own, there is a rhyme that he hopes to hear more of, 'Do us a favor, get rid of the waiver.' I Mr. Larry Porter, Newport Beach, said he has been close to this issue since the middle of December, and read in full an editorial dated June 9, 2001 entitled "A Summer in Sewage." Mr. Jan Vandersloot, Newport Beach, Founder of the Orange County Ocean Outfall Group, said those present are asking for the help of Seal Beach to oppose and get rid of the 301(h) waiver which previous speakers mentioned. There are twenty- five members of the Board of Directors of the Orange County Sanitation District, thirteen votes are needed to oppose the waiver, Councilman Boyd, the Seal Beach representative to the Orange County Sanitation District, asked that the Council take the proactive step of developing a resolution opposing the waiver, or better, adopt a resolution asking that the waiver be revoked so the Orange County Sanitation District will start to work now to get rid of that waiver. It is just unconscionable for this County, one of the wealthiest in the nation, to only treat its sewage to the lowest, 0.25 percent, of all the sanitation districts in the United States, fifteen thousand, only thirty six of those have this waiver, all others are treating sewage to a higher level than is Orange County which is dumping its sewage into the ocean in a beach oriented economy. Mr. Vandersloot said this is a $14 billion economy, the citizens are paying on average $78 a year on their sewer bill, the rest of California pays $185, Orange is less than half of all other counties in this State, and, Orange County is dumping partially treated sewage only four miles off the coast, therefore he would ask that the Seal Beach Council take a step, asked if five cents a day per person is onerous, is it that Orange County citizens can not afford that, one of the wealthiest counties in the U. S., in fact, the Orange County Sanitation District is the wealthiest sanitation district, it has an annual income of $700 million dollars, $400 million of that is in reserve, a little Hoover Commission report a couple of years ago was decrying the fact that so many special districts have so much money in reserve, why should the Orange County Sanitation District have $400 million in reserve, the reason is that they want to hang on I 8-13-01 to their money, they take the income from a low sewer rate and keep it, the interest on the reserve is paying for the annual operating budget of the District, this is notlfair, and asked why the public should put up with this. Mr. Vandersloot asked that Seal Beach develop a resoluti6n to , oppose the waiver, get the Orange County Sanitation District to start treating its sewage the way everyone else i~ the United States does, that that step be taken now, it is only a matter of time before the $14 billion dollar beach economy is going to see the effects of bad water quality. He sJid he did not think there is any reason to think that there are many causes of beach closure, one of the causes is s~wage, the sewage of 2.2 million people over a 470 square mile area is being dumped off this coast, yet it would only cost each person five cents a day for proper treatment, again dSking that the City take steps now to do the right thing. !Mr. Irwin Haddock, Fountain Valley, said he recreates in the coastal zone and his son surfs in local waters on many occasions. Mr. Haddock stated he was present to spe~k to the Orange County Sanitation District 301(h) waiver, Seal Beach has about the largest problem of all being on the receiving end of bad publicity, postings, and troubles from both the San Gabriel River and unknown sources. The Sanitation District will have spent close to $lOmillion dollars by the end of the summer studying this problem, the speakers present have been to Newport, Fountain Valley, Huntington Beach, all have said wait to see the results of the study, yet the results will not be out for a year after the study i~ completed, the decision on the waiver comes due in another eighteen months, so he would ask that Seal Beach be the first to step up and ask the Sanitation District to reconsider the 301(h) waiver and the current level of treatment. Today he heard that National Public Radio was going to have a: broadcast on Thursday from the Huntington Beach pier to talk about the problems at the beach. Mr. Haddock reported having a thirty year history of study of ocean problems and the effects of man, the last ten of which were as chief scientist and manager of the Orange County Sanitation District~ Environmental Department, responsible for ocean monitoring and research. As was heard earlier, he is the one that said not never, and not often, but 1999 was a terrible ye~r and as it turns out under the new standards every year since has , been very bad, so, it is time to do something. Mr. Joey Ricano, Huntington Beach, member of the Orange County Ocean Outfall Group, made reference to the home run efforts of Barry Bonds and Mark McGuire, the existing record tollikely stand and Seal Beach will remain famous for its resident and his amazing feat. Seal Beach however is famous for yet another reason, known as a community as much a part of the sea as the pelicans and porpoises, as much a part of;the sea as its glowing amber sunsets back dropped by clouds that could easily step out of a Rembrandt watercolor. Th~ year 2000 has come and gone and as 2001 turns to 2002, 2003 and beyond, their call is to protect and preserve, to lobk and see over the horizon and accept surprises of the fut~re, both good and bad are sometimes no accident at all, future situations, both blessings and predicaments, are con~rolled here and now in this room by those present, tonight ~ giant step could be taken to put the breaks on the recklessness which is the waiver of Section 301(h) of the Federal Clean Water 'Act, the Ocean Outfall Group is here to give S~al Beach support, between computers, media, meetings, and a city by city campaign and protests, this brings powerful support, backed by the likes of the Surfrider Foundation, Sierra Club, Orange County Coastkeepers and a growing list of others. Mr. I I I I I 8-13-01 I Ricano reiterated that Orange County is one of the richest counties in the richest nation in the world, yet treats its sewage like a third world country, the time has come, word games will not save the waiver, it is teetering on the abyss, one that we, for a change, will not be pumping sewage into ocean waters without full secondary treatment and a zap of ultra violet light for good measure. He extended a welcome to the Council to come on board, respectfully requested that the Council lend full support to OCSD representative Boyd, as their Group lends full support to this City, public support is theirs and their collective support belongs to the ocean and the future. There being no further comments, Mayor Doane declared Public Comments to be closed. PRESENTATION NEW MILLENIUM GROUP - EL TORO AIRPORT - PLAN ALTERNATIVE Mr. Robert McGowan, member of The New Millennium Group, Villa Park Councilmember, and retired airline pilot, introduced two other members, Mr. Charles Griffin, Chief Engineer for the Plan and Mr. Russell Niewiarowski, Group President. Mr. Griffin indicated that during his career with Douglas and Northrop, his work experience included working on the DC-7, - 8, -9, and -lO, MD-80, C-17, and the Stelth bomber, primarily in the area of control systems for automatic landing and pilot approaches, along with guidance systems for the first air-to-air and surface-to-air missiles, working with most all of the airports in the local area. I Mr. Niewiarowski, President of the New Millenium Group expressed appreciation for the invitation to make a presentation. Mr. Niewiarowski said there is a serious issue facing Orange County that needs full attention of the residents, that being the EI Toro airport, together, as residents, this situation can be made better and a better EI Toro can be built, stating it is hoped the Council will stand behind them and support this issue. Mr. McGowan commenced the presentation of The New Millennium Airport Alternative Plan. . The group had good reason to file the Initiative entitled "Reasonable Alternative Airport" for the March ballot, that awaiting approval within two weeks; . What is wrong with the County plan - the County is the local Redevelopment Agency, they have full authority from the military to come up with converted uses for Marine Corps Air Station, EI Toro, for several years the County has been going through the EIR process and the FAA has been doing the Federal version, the EIS; I . From the beginning they set out to operate the airport as much as possible in a way similar to the Marine operation, yet flying of air carriers is nothing like flying fighter jets, very few similarities except that both are airplanes, winds are very important to the operation of heavy jets, with only a minimum of tail wind the airplane needs to use maximum thrust power for takeoff, that is not good for the engines, most failures occur on maximum takeoff; 8-13-01 The north departures that the County proposed are down wind with on-shore tail winds, towards a rising terrain, every time winds are over seven knots, according to the County technical reports, the operations have to cease which occurs each day for at least one to four hours, and in the case of a bad rainstorm it blows directly down the runway they chose; . The noise created to fly in down-wind over Dana Point affects all of those communities needlessly because a plane can come in from the northland arrive over the mountains instead of taking off towards the ridge, landing into the wind to the south and not fly over anyone; I . Quality of life is a big issue, that is the reason why the County plan is losing public support, that is important to Seal Beach because if thislplan fails and there is no airport, Los Alamitos will be looked at again, the other reason that thejPlan is losing support is because the pilots and I professionals are against what they want to do, no one supports the County's plan, yet the County is moving forward with the EIR, will not change it, and there are many inconsistencies and . disagreements among their own staff; Mr. McGowan said even before the Millenniuci Group he had gathered professionals together to look at the facts, the airport, wind, mountains, this Plan is opposite the County Plan, the County PIJn is called the 'backward airport' landing and taking off with the wind towards the mountains even on an up-hill runway, all that needs to be done is turn it around, come over the ridge, with the new technology, the global positioning system, iit is very feasible to land on a runway to the south, all arrivals come in and take off on the new rJnway I proposal, you fly over no one all the way to the coast, no schools, houses, existing residences, however the Irvine Company would like to bJild homes in that area so there would be flights over up to fifty thousand people, some not evenlhere yet, which is not fair; i , The Group is requesting Council support, t~ere are phases, first is to use the airport as it is with cargo lines, the next phases would be to t~ke off and land into the wind, again flights will 'disturb no one, considering people that are here now, a useful airport, also the numbers are down from 38 , MAP (Million Annual Passengers) to l8.8 MAP which is believed to be the best to go with; . . . I I I with this Initiative, the operation of the airport cannot be changed, it cannot be changed at'any time, it has to come back to the voters to:push through the 18.8 and change the mandatory arrival departure patterns; . . This is about down time and practi'cali ty, the FAA is in a dilemma trying to approve this airport because they cannot handle the air traffic going the opposite way of all the traffic in the Los 8-13-01 . Angeles basin, what one sees at night is the lights coming into the basin to LA and Long Beach and all, the County Plan takes off and goes right into that, similar to going the wrong way on the freeway, they say they will clear every body out for a takeoff, it does not work, the FAA has gone seven months, putting off telling them it is okay, and it is not okay, the 18.8 MAP is safer, it is protection from over flights for most cities; I . This needs to gain support of the voters next March, if there is an Initiative called the Great Park, this is the only thing that can stop the Great Park, and make this a practical airport; . The County is on one extreme with the wrong large intrusive airport, on the other extreme is no airport at all, it ,is anything but an airport scheme, they come through with the millennium plan, etc., no matter what it is they try to come up with a no airport plan; . This Initiative is in the middle, you can still have a reasonable airport, fly over no one, have all the open space that is left, this Plan uses only twenty-two hundred acres of forty- seven hundred acres, the rest of the twenty-five hundred acres is all open space with trails and natural habitat. I I Councilman Boyd requested an explanation of the term MAP. Mr. McGowan responded that MAP stands for Million Annual Passengers per year, Los Angeles is about 70 to 80 million a year now, the intent is that it be closer to 100 million, John Wayne Airport is about 7.5, authorized to go to 8.4, this Plan would be 18.8 million, about thirtieth or thirty- fifth in size in the world and not until the year 2020. Councilmember Campbell made reference to the maps, the County Plan proposes planes taking off to the north over Loma Ridge, make a U-turn and come back, under the Alternative Plan planes take off to the south over open space, over no homes, and land from the north, this Plan does not fly over existing residences, and by the time the planes fly over the Newport coast, where the desire is to build homes, planes will be at an altitude of about seven thousand feet. Mr. McGowan added the open space area is mostly permanent, not land that can be developed, most is precipitous terrain with a landslide designation, most cannot be built upon, the Newport coast area is already built, planes would be a couple of miles over and six to eight thousand feet depending on the airplane, that would be higher than the airplanes that come out of Los Angeles and fly over this area. Mr. McGowen stated the County wants to come in over Dana Point at two thousand feet, over people, then it is said the take off of seventy percent of the departures would be up the steep uphill runway toward the Saddleback Mountains, then make a right turn and climb. Mr. McGowen said from his experience most airplanes cannot do that especially if there is any tailwind at all, so planes will need to wait until conditions are right for runway 3-5 then four and a half miles out there is a thousand foot ridge above the elevation of the airport, why would one want to take off on an uphill runway with the wind and towards a thousand foot barrier, if there is an engine failure on takeoff, you can not turn, a disaster in the making. The Alternative Plan comes in over that same ridge, while in the 8-13-01 air with a five hundred foot clearance, land on the existing runway to the south and stop, no one would even know 'a plane had come in, take offs would only be seen by a few from the side, the people of Mission Viejo would not even knoJ a plane had taken off. The Alternative Plan could be a completely operational airport, no conflict with incoming and oJt-going flights, no crossing runways, arrivals do not interfere with departures and visa versa, the County Plan has crossing runways a disaster waiting to happen at any airport around the country. Mayor Doane asked if the Alternative Plan has been presented to the Board of Superviors, and what Jas their response. Mr. McGowan responded that the Plan has been presented many times, it has been requested that the I FAA study it however the Board of Supervisors have asked!that they not study it, in fact they tell them not to study it. . I The reason is that another study has been done by the Parsons Group, a large engineering firm, commissioned by thejairport working group back in November, they asked his group,to participate, which they did for about two days, provided hundreds of pages of materials, maps, and charts shoJing why this Plan could be done, the report just came out yet is not being released, the State Records Act is being used to try to get a copy. It has also not been given to the County or to the FAA. To a question from Council, Mr. McGowan confirmed that this Plan is an alternative in the EIR however that does not necessarily mean the FAA will give this Plan the 'same , study that was given the County Plan yet the FAA has I studied and studied the County Plan for years and have stilljnot approved it, in February, one of the top FAA people said next month they were going to make a decision on it, it is now August, and nothing yet. An air traffic control supervisor said this is the only way to operate the airport butlthen a gag order was imposed on the air traffic people. Mr! McGowan offered that they cannot specify in the EIR how the Jirport is going to operate, merely layout the Plan, this eliminates the east/west runways, also provides airport-associated I usage, the clear area to the south, the nature preserve, open space, and hiking trails, the County Plan also has that. This is the Millennium Group Initiative Plan, a grass roots group with a cause that is not felt is being handledjright, the airport possibility is actually being ruined because they are staying with the bad County Plan. councilmemberjcamPbell stated that when Measure "F" went before the voters, the County had no educational forum for people to understand the necessity of this airport, Los Angeles Internationallis expanding only to meet the needs of Los Angeles County, not to meet Orange County needs, this is a critical issue for Seal Beach. She made reference to her College Park East newsletter, her belief is to get facts out, when Measure "F" was voted on by the residents of Seal Beach the airport issue lost but not in College Park East, that is the result of getting the facts to the residents, that makes the ; difference. The concern is that in ten years South County is going to be built out, there will be more people in South County than in North County, then they can put an airport anywhere they want given that land will be evenmoreiscarce, the open space that Seal Beach considers so precious:might just be looked at by others. She made reference to a man in Newport Beach who has written many letters to the editor and editorials on why combining Los Alamitos and the Weapons Station is an ideal place for an Orange County International Airport, with which she personally disagrees, the fact that she lives between those two facilities means that she would have a runway through her living room. She said people need to stop and think, concern needs to be given to I I I 8-13-01 I infrastructure for future years, if anyone thinks an airport is not needed one should drive to LAX even at 2:00 a.m., another airport is needed but people do not want them in a outlying areas, rather, have the ability to get to them in a relatively short amount of time. EI Toro is a five thousand acre base with a surrounding fourteen thousand acre undeveloped buffer, this airport can be built by reconfiguring the runways, make it safer, pilots will prefer to use it, and the landing and takeoffs will be over no homes, that is something that needs serious thought and support, this has great implications for Seal Beach. Mr. McGowan mentioned that this is planned to operate at year 2010, the number 18.8 million a year is for 2020 thus already behind in passenger service, Orange County is one of the highest per capita in the world for buying airline tickets and is increasing, the highest city in Orange County is Irvine yet they are against this airport, preferring to fly out of the badly configured John Wayne Airport. Councilmember Campbell noted that take-off at John Wayne is straight up. Mr. McGowan agreed, pilots cut the power, push the nose down, and make the turn, this is where they want to push the passenger level to fourteen million a year after 2005, there is also another phase where everything could be torn down to accommodate a 28.8 million passenger count, that at John Wayne which is only five hundred acres, where EI Toro is a forty-seven hundred acre property at least with twenty- two hundred acres for the airport. Councilmember Campbell noted another issue is that there are two runways at Los Alamitos, one is about eight thousand feet, one is five thousand, the shorter runway is longer than the runway at John Wayne, people need to realize there will be an airport but where, it is not wanted here. Mr. McGowan added that so far $40 million has been spent by the County, another $10 million soon to be added for a Plan that they will not divert from, and those who do not want any airport or are afraid of the County Plan, have also spent over $40 million and getting nowhere. Councilmember Campbell requested that people sign the Initiative if asked as it needs to be qualified for the ballot. Councilman Boyd said he wished to echo some of the comments of Councilmember Campbell, education is important, also with regard to the weapons Station and Los Alamitos, his feeling is that both cities have to do everything within their power to protect those two vast resources. If the Armed Forces Reserve Center is about fourteen hundred acres, the weapons Station is five thousand acres, of that fifteen hundred acres is the National wildlife Refuge, he would think it is important that as discussions commence with regard to these facts and issues it would seem to be important to encourage expansion of the wildlife Refuge to further increase the opportunity that is there for this community, this is important because in the future there may be more rounds of BRAC with more base closures, the more land that is in the National Wildlife Refuge all the better for Seal Beach. Mention was made that there is a round of base closures coming up in 2002. Councilmember Campbell recalled that when the person from Newport Beach was reminded that the air station and the Weapons Station are not contiguous, that a three hundred acre housing tract with seventeen hundred homes is in between those facilities his comment was 'somebody has to be inconvenienced,' apparently we are disposable but he is not, to which she takes great exception. Mr. McGowan requested the City's help with the Initiative, and to that Mayor Doane responded that the City is well represented on the Airport Commission. Council expressed appreciation for the presentation. I I 8-13-01 It was the order of the Chair, with consent of the Council to declare a recess at 8:25 p.m., the meeting reconvened at 8:30 p.m. COUNCIL ITEMS ORANGE COUNTY SANITATION DISTRICTS Councilman Boyd mentioned that this item relates to an information packet for the benefit of the Council, s~aff and public, prepared by the Orange County Sanitation District, a precursor to likely future discussions, some comments having been heard at this meeting with regard to the Orange :county Sanitation District pursuit of the 301(h) permit as well as what is felt to be an equally important issue, future potential treatment of urban runoff year round, dry Jeather and wet weather urban runoff into the District for t;eatment. He mentioned that the information packet provides background on the District, definitions, descriptions, treatment methods, etc., some speakers this evening touched onithose issues, similar comments are heard monthly at the District. He expressed his feeling that it is felt important to take a position on this issue, noted he is one of the few board members that came out early suggesting that the 301(h) be looked at closely, three board members have been vocal opponents to aggressively pursue this yet have wanted to wait for some science to come forth, at this point they are still critical of that science. He noted that staff will be coming forward sometime in the near future with regard to the issues of the 301(h) permit and the potential opportunitiesithat the District has before it to afford the County the opportunity 1 to connect to the system and treat urban runoff, as much of a problem in the County as is sewage. I Councilman Yost suggested that staff prepare a resolution for Council consideration at next meeting to formally take a position against the 301(h) waiver. Councilman Boyd:agreed, possibly have a presentation from the District as well, and , extended an invitation to those present having an interest in this issue to attend that meeting. He offered that the solution is not just secondary treatment, it is also[ diversion of urban runoff which is equally as important, those should be lumped together, this is important to the County as a whole. In response to a question from Council, Councilman Boyd stated he was the first Board memberjto go on record recommending that the waiver not be pursued, that was during the vote on the ground water replenishment sy~tem which he voted against because he felt the waiver an9 urban runoff treatment were equally important. He noted t~at Seal Beach may be the first or second city to take a position against the waiver. Councilman Yost noted that the River is presently closed, not because of the outfall but duel to a six thousand gallon sewage spill in Fullerton, the way urban runoff is structured anytime there is a major sewage I spill it flows to tributaries of the River, the River is posted and closed pending the testing and bacteria counts that bccur, therefore he would be willing to go on record now to1take a position against renewal of the 301(h) waiver and be the first City to do so. Councilman Boyd offered that is the reason he wanted to update the Councll, most cities are hesitant to take a position at this point yet it is necessary to have thirteen votes on the District Board, there may now be four or five but other members and cities need tolbe encouraged to support this as this is an important issue for all. Councilman Yost offered his support whenever needed. I I I 8-13-01 Councilman Boyd moved to receive and file the Orange County Sanitation District informational packet and direct staff to prepare a Resolution for Council consideration at one of the upcoming meetings. Councilmember Campbell seconded the motion. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried SEAL BEACH CABLE COMMUNICATIONS FOUNDATION-VACANCY Councilmember Campbell noted that the District Four representative to the Cable Communications Foundation has accepted a position out of the State, and moved to declare the position to be vacant for the unexpired term ending July, 2002. Councilman Yost seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CONSENT CALENDAR - ITEMS "D" thru "0" Mayor Doane noted that Councilman Boyd has requested Item "Q" be removed from the Consent Calendar for separate consideration, Councilman Yost requested Item "N" removed, and Councilmember Campbell had requested Items "E, F, and I" be removed. Campbell moved, second by Boyd, to approve the recommended action for items on the Consent Calendar as presented, except Items "E, F, I, N, and Q", removed for separate consideration. D. 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. I G. Received and filed the staff report with regard to Proposed Plan - Installation Restoration Site 1 (Wastewater Settling Pond) & Site 19 (Building 241 Disposal Pit and Sandblast Grit Area), authorized the Mayor to sign the response letter, thereto, and instructed staff to forward same to the Environmental Quality Control Board for information purposes. H. Approved regular demands numbered 33826 through 34147 in the amount of $1,261,539.00, payroll demands numbered 12641 through 13040 in the amount of $425,789.30, payroll liability account 9000640 through 9000661 in the amount of $153,680.96, and authorized warrants to be drawn on the Treasury for same. I J. Adopted Resolution Number 4913 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE APPLICATION TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000." By unanimous consent, full reading of Resolution Number 4913 was waived. K. Approved the plans and specifications for Coastline/Carmel Avenue Storm Drain Replacement 8-13-01 L. CIP #50056, and authorized staff to initiate the bidding process. Approved the Professional Services Agreemedt between Moffat & Nichol Engineers and the City of Seal Beach for On-Call Coastal Engineeringlservices for the unspecified term commencing July 19, 2001, and authorized the City Manager to execute;said Agreement on behalf of the City. I M. Adopted Resolution Number 4919 entitled "A:' RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL Ol-02 FOR PARCELS 1 AND 2 OF PARCEL MAP 97-165 AS MODIFIED BY GRANT DEED INSTRUMENT NUMBER I 20000364428 RECORDED JULY 12, 2000." By uqanimous consent, full reading of Resolution Number 4919 was waived. I O. Approved the Agreement for Independent Auditing Services for fiscal years 2002 through 2004 with Lance, SolI and Lunghard LLP, and authorized the City Manager to execute said Agreement. ' P. Adopted Resolution Number 4920 entitled "A, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING WAGES AND BENEFITS FOR , CONFIDENTIAL, SUPERVISORY, PROFESSIONAL AND TECHNICAL EMPLOYEES AND REPEALING ON THE EFFECTIVE DATES SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full re~ding of Resolution Number 4920 was waived. I I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost I None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" - STATUS REPORT - NATIONAL FIRE PROTECTION )' ASSOCIATION DEPLOYMENT STANDARDS Councilmember Campbell noted that this item relates to NFPA Standards 710, 1710, and l720, of interest are the agencies opposing the Standards such as the U.S. Conference of Mayors, Public Risk Management, League of Cities, the Fire Districts Association of California, several state municipal leagues, cities, towns and townships, and five fire protection districts. Councilman Boyd explained that the National Fire Protection Association adopts proposed standards fori fire departments, fire districts, etc., some of the stand~rds and issues that are brought before NFPA are voted on and'ratified by a membership that can consist of firefighters from various departments, this particular standard was ratified recently at the national convention in Anaheim, it took about two years to go through the process, a previous atte~pt to amend the similar NFPA 1500 failed, in this attempt the International Association of Firefighters, enrolled ~s many as possible of its membership to go to Anaheim to vote on the , item, which then passed, so this is a special interest item that the Orange County Fire Authority could have to conform to locally as well as cities and with fire departments throughout California and the nation, there are some!cities that have a problem with this because increasing staff costs money, also for the union it increases the number ofipeople they have for local action, that is the reason for city opposition. Councilman Boyd noted this could theoretically I 8-13-01 alter the staffing of volunteer units throughout the nation as well, including Orange County and Seal Beach. Boyd moved, second by Campbell, to receive and file the National Fire Protection Association Deployment Standards report. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ITEM "F" NOTICE OF INTENT - DRAFT SUPPLEMENTAL ENVIROMENTAL IMPACT REPORT PREP ART ION -PROPOSED BRIGHTWATER DEVELOPMENT - BOLSA CHICA - RESPONSE LETTER Councilmember Campbell made reference to the comment letter, the addressee, Mr. Britton, the former Executive Director of the Airport Land Use Commission, the second paragraph of the letter states 'which would have adverse impacts on Pacific Coast Highway through the City', to that she expressed preference that it read 'City of Seal Beach.' Councilmember Campbell said in looking at the adverse impacts to Seal Beach from this project, it is likely and it should be noted that the impacts are not going to stop with Pacific Coast Highway, it needs to be realized that the traffic from this development when seeking freeway access is going to use Seal Beach Boulevard, that will impact the 405 interchange, the bridge, Seal Beach Boulevard, Leisure World, anyone accessing the 405 or traveling north, her feeling is that those impacts should be added to the letter. Councilmember Campbell moved to make the appropriate changes I to the City'S response letter as stated. Councilman Yost concurred and seconded the motion. AYES: Boyd, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEM "I" APPROVAL OF MINUTES Councilmember Campbell noted her absence from the last meeting therefore would abstain from voting on this item. Yost moved, second by Boyd, to approve the minutes of the regular meeting of July 23, 2001. AYES: NOES: ABSTAIN: Boyd, Doane, Larson, Yost None Campbell Motion carried I ITEM "N" PROFESSIONAL SERVICES AGREEMENT - MOFFAT & NICHOLS - DEBRIS BOOM DESIGN Councilman Yost mentioned that this item is a contract with Moffat & Nichols for debris boom design for the San Gabriel River, the public should be aware that the City is attempting to deal with the debris issue, however this would do nothing with regard to bacteria or virus counts yet would help to address the issue of gross trash if a way can be found, the boom is not a certainty yet steps are being made in that direction. He indicated his commitment to see that this occurs, mentioned too that this would actually be located within the boundaries of the City of Long Beach, the intent is to catch as much of the trash as possible that flows down the San Gabriel River before it reaches the beach in Seal Beach. Councilman Yost moved to approve the Professional Services Agreement with Moffat & Nichols for the preparation of a preliminary design report for a debris boom and authorized 8-13-01 the City Manager to execute same on behalf of the City. Councilman Boyd seconded the motion, and noted that the amount of $450,000, the City's contribution, was sec0red as a . I result of a request by former Assemblyman Scott Baugh, that money, now two years old, is being put to good use. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motionicarried I , I ITEM "0" ORDINANCE NUMBER 1477 - SPECIAL EVENTS PERMITS Ordinance Number 1477 was presented to Council entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ADDING CHAPTER 19E TO THE CODE OF THE CITY OF SEAL BEACH RELATING TO SPECIAL EVENTS." Councilman Boyd noted that this Ordinance now provides for six special event permits per year'IWhich is thought to be a fair number, to which he asked if an establishment, such as O'Malley's or Hennessey's, could come in and obtain a Conditional Use Permit which would ailow them possibly twelve events if they chose to do so, with00t having an open ended permit for something like live entertainment, and would they come before the Planning Commission for such permit. The City Manager responded that during a i conversation with the owner of one of those establishments he had pointed out that after a certain number the concept of being a special event is lost, therefore if the inte~t is to have a greater number of special activities they should seek an amendment to their Use Permit through the Planning Commission process. Councilman Boyd said that was of concern in that the City can place greater restrictions on s0ch events through a Conditional Use Permit which affords greater protection to the residents that may be impacted.' I Boyd moved, second by Campbell, to adopt Ordinance Number 1477 as presented. By unanimous consent, full reading of Ordinance Number l477 was waived. I I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost i None Motion carried ORDINANCE NUMBER 1474 - NOISE ORDINANCE - HOURS OF CONSTRUCTION MAINTENANCE ACTIVITIES The Director of Development Services presented the staff report, noted this matter was before the Council in 3une, the , direction at that time was to revise Saturday hours to not allow work activities to begin before 8:00 a.m. where the current Code provisions allows work to begin at 7:00Ia.m. He noted there was also discussion as to Sunday activities, however no action was taken to direct that any ! changes be made to the allowable hours for maintenance activities on Sundays. The Director mentioned that that issue was incorrectly reported in a local newspaper ~hich brought forth a number of public comments at the last meeting, at that point Council requested a clarification of the language of the two separate sections in currentjCode, one is primarily construction activities, the other is maintenance activities, and as explained, staff has i interpreted that the construction activity provisionlrelates to work done primarily by a contractor for construction related work on private or public property, the maintenance provision has always been interpreted to be applicable to a resident or business owner doing maintenance on their property where it can not be done during the week because of work or other commitments, at that point Council req~ested clarification of the language. The Director reported having reviewed about seventy-five municipal codes within i I 8-13-01 I California, very few attempt to define maintenance activity, it is a difficult issue to define, therefore staff is proposing that there be no change to the definition or language of that section, merely change the hours to 8:00 a.m. for both Saturday and Sunday maintenance activities and not try to specifically define maintenance. The Director mentioned that in his association of twelve years in this community he could not recall a complaint received as to someone disturbing a neighbor because of home improvement work being done on a Sunday, most people do not start at 8:00 a.m. to do something to their property, it is felt that people respect the peace and quit of the neighborhood early in the morning, therefore it is suggested that there be no change to the language which then allows staff to consider any issue on a case by case basis, if a complaint is received it is likely a one time problem, if on-going the Code has a mechanism to deal with that. The Director noted optional language in the staff report that could clarify certain types of activities under the maintenance provision, however the recommendation is to amend the Code to change all hours for Saturday to where no activity, either by contractor or homeowner, will commence before 8:00 a.m. I Councilman Boyd noted the recommendation to not adopt the optional revisions, but to him those seem to make it clear as to the expressed intent of the Code, said he has been uncomfortable with this because if read verbatim, which he believes is how laws were meant to be read, the Code does not expressly state that the owner, occupant or resident can carry out these functions. He mentioned a local newspaper article relating to decibels and sound which he offered to provide the Council, yet to try to limit an activity based on only one specific thing is difficult, however expressed his feeling that that has been accomplished in the optional recommendation and he would support that. Councilmember Campbell asked if there is a way to better clarify Section 7(e) which deals with professional construction, where Section 7(f) deals with a homeowner and resident. Councilman Boyd inquired if the intent is to limit noise or to eliminate an activity, if it is to limit noise then it would be best to adopt an ordinance or amend this ordinance to reflect acceptable peak decibel levels, a lawn mower is said to be about ninety decibels, eighty-five decibels is the threshold at which hearing damage may occur. Councilmember Campbell countered that no one has a decibel meter. Councilman Boyd agreed, this would be a difficult thing to enforce either way, if the intent is to enforce an activity then the activity needs to be defined, it is difficult to enforce but it appears that is what is being attempted. The Director of Development Services explained that the sections of the Code being discussed are exceptions from the standard noise ordinance provisions of the City, there is an entire list of things that are excepted from meeting those noise standards. These are two sections of a number of exceptions, because of the hours set forth for construction or home maintenance activities they are not required to comply with the noise standards because of the type of equipment that is normally used, it is just not possible to comply with the noise standards, these sections are clearly exceptions to the general decibel levels that are set forth in City ordinances, to try to put together new standards would be difficult, the only way to enforce would be to have someone available on weekends with a noise meter, on call, to respond to a complaint and somehow take a noise measurement, a rather impractical approach. He said the issue appears to be early I 8-13-01 morning, before 8:00 a.m., with the amendment nothing would be allowed before 8:00 a.m., and if the City starts to receive complaints then it is easy to enforce, also it would not make a difference as to what type of equipment is being used. Councilman Larson offered that for years thislhas not been a problem, change the hours to 8:00 a.m., staff has said that works. Councilmember Campbell clarified that she merely I wants to change the hours from 7:00 a.m. to 8:00 a.m) on Saturday mornings. , Larson moved, second by Yost, to approve the introduction of , Ordinance 1474 entitled "AN ORDINANCE OF THE CITY OF !SEAL BEACH AMENDING SECTION 13D-7 OF THE CODE OF THE CITYiOF SEAL I BEACH REGARDING THE ALLOWABLE HOURS OF CONSTRUCTION I ACTIVITIES." Councilman Boyd requested clarification for the record that since the Director of Development Services is the one that interprets this provision and the City Attorney is present, if the average person wants to work on their house they can do that. The response of Councilmember Campbell was absolutely and Councilman Yost said he did not believe the intent was to keep persons from working on their home on Sundays. i AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried PROPOSED CHARTER AMENDMENTS i The Director of Development Services presented the staff report, noted that several meetings ago the Council had considered a number of proposed Charter amendments for the March, 2002 ballot. He mentioned that an item of CoJncil concern dealt with the issue of conflicts, that has been addressed in proposed Section 708 to reference specific sections of the Government Code with regard thereto, :the Charter provision would also mandate that a current copy of the Government Code sections be on file in the office of the City Clerk and available to anyone wishing to reviewicurrent State law. Question was posed if the provisions of the 1 Government Code would be part of the Charter, the response of the Director was that it is proposed to not be part of the Charter for the reason that each time State law may 6hange it would require an local election to bring the Charter!into compliance, to require that the information be available from the office of the City Clerk is not unlike other lawl requirements that are often adopted by reference, building related codes are an example. The Director mentioned that some minor language changes were also made to a second proposed amendment to clarify certain~concerns of the City Attorney. In response to Councilmember Campbell, the Development Services Director confirmed that the twolproposed amendments are in addition to those previously approved by Council for inclusion on the March 5, 2002 ballot. It was confirmed to Councilman Yost that the Fair Politicallpractice Commission regulations are different from Section 1090, to which he asked if those should be included as part of this. The City Attorney explained that the Charter had incorporated a predecessor to 1090, 1090 is called Financial Interest in Contracts, that is separate from the Political Refor~ Act which the FPPC governs, both apply to Seal Beach eveti though a Charter City, there is no need to incorporate the Political Reform Act into the Charter. Councilman Larson mentioned that 1090 is the provision that carries a felony pen~lty, it follows State law, it is likely more strict than what currently exists locally. Councilman Yost said his I impression is that current provision is likely what 1090 was I I I I I 8-13-01 at the time it was written, the City Attorney agreed. Boyd moved, second by Larson, to authorize the City Clerk, City Attorney, and staff to prepare necessary documentation for ballot measures relating to these two proposed additional revisions to the Seal Beach City Charter. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITIZEN REOUEST - CHANGES - SEAL BEACH BOULEVARD IMPROVEMENT PROJECT The Director of Public Works/City Engineer presented the staff report, explained that this item is a citizen request from Mr. Walt Miller for plan changes for the Seal Beach Boulevard Improvement Project from Electric to Pacific Coast Highway. The Director provided the Council with background relating to this project, stated in 1999 funds were made available through some cooperative funding efforts to connect the bike trails on Pacific Coast Highway, down Seal Beach Boulevard, connecting to the Electric Avenue bike lane, to Marina and across to the San Gabriel River bike trail. Plans and specifications were brought to Council, approved and advertised for bid, thereafter the contract was awarded. He mentioned that in late July, early August, staff received several requests from Mr. Miller concerning the project, to which the Director said in summary, Mr. Miller has four major issues: * Bicyclists will not use the regional trail facilities provided. (Response: Staff has provided a twelve foot wide Class 1 combined use pedestrian/bike trail that is designed to all federal standards); * The road width is too narrow to accommodate parking and traffic. (Response: Originally there was an eighty foot right-of-way, forty-four foot street width, with a twenty-two foot wide distance from centerline to face of curb, this has been designed to current engineering standards for a local street and provides adequate access); * There had been an existing handicap access ramp in front of Mr. Miller's business. (Response: Staff made the decision to remove the access in front of Mr. Miller's business because such ramp would encourage crossing mid- block and it was felt that a crosswalk should not be placed at that facility); and * As to Mr. Miller's fourth issue, if the City painted a mid-block crosswalk he could then have the access ramp. (Response: The belief is that marked crosswalks do not provide safety in and of themselves, rather, directs pedestrians where the safest route to cross is, relative to that issue literature from the Institute of Transportation Engineers has been provided to Council, there have also been studies done by San Diego, Long Beach, etc., showing that a crosswalk can, if a driver is not expecting a pedestrian to cross, create a more dangerous situation than there would have been if the people had crossed at an intersection, studies have shown that the highest accident rates are within marked crosswalks, not at controlled intersections. 8-13-01 The Director recommended that the project be construtted as designed, alternatively some of the issues raised coJld be addressed at a later time, for instance re-striping, jaddition of an access ramp, those can be done afterwards once it has been seen how the facility actually functions and then bring back an engineering study. He noted that crosswalk ~arrants were brought to Council in 1996 in order to establish guidelines as to when and where a crosswalk should be allowed. The Director introduced Mr. zimmerman, eng~neer and designer of the project and on-call traffic engineer, available for questions. Mayor Doane invited public comments on this item if desired, each speaker allowed five minutes. Mr. Walt Miller, iSeal Beach Boulevard, said the five minutes was his firstipoint, for reasons he was not sure of or understood. He stated he has written a number of letters with regard to dange~ous conditions that he felt have been created by this pl~n, yet no one has answered his letters, no one has called, no meetings have been held, now he has five minutes to cover everything that he wrote, no Councilmember has been to the project, to his knowledge no Councilmember has called nor the City Manager. Mr. Miller said what is being talked ~bout is considered a dangerous situation, it is not taken lightly, it has to do with people, he would first like to ask why is it a meeting can not be held at the site with the people who are making decisions, who are qualified to make decisions, walk the project with that person. Mayor Doane said his i understanding was that such a meeting would be takin~ place. City Manager responded that he had met personally with Mr. Miller at the site, asked that Mr. Miller recall that meeting, as he was there with Mr. Dancs, Mr. Zimmerman, Mr. Brust, the project manager, they walked the site, taiked about the project, that is how they arrived at the f6ur issues, there were subsequent conversations with Mr. iMiller in the City Manager's office, the City Manager's office did talk to Mr. Miller regarding the issues, in fact there was a follow up meeting with Mr. Dancs and Mr. Whittenberg; so staff has met with Mr. Miller. Mayor Doane advised that the speaking timer had been turned off. Mr. Miller responded that the c.onclusion of that meeting was that traffic/wOUld run north bound/south bound rather than changing the direction of the traffic. He claimed that the Manager stood at the project with Mr. Zimmerman and others, they were seen across the street, Mr. Miller stated they were not invited, yet as he walked over to the site it was said they were going to run the traffic the way he had suggested, that islthe last thing that they got out of that meeting. Mr. Miller said they have put in writing things as they have developed all the way through which concern dangerous situations, but they have never had a return call. The City Manager disagreed with the characterization by Mr. Miller. Councilman I Larson stated this is a public project that the City has entered into, it is proceeding, a citizen has the right to object, he is objecting, it is felt he ought to object rather than argue about why he did not have a right to object before, the time is here. ' I I I Mr. Miller mentioned that there had been a Boulevard I that was fifty-six feet wide, two parking lanes, two five foot marked bike lanes, and a center stripe, emergency vehicles for the last twenty-eight years have used this street as their entry of choice coming and going, it is now reduced to forty-four feet, this afternoon provided a good example, several pOlice cars and fire engines came down the Boulevard at a high 8-13-01 I speed, it is not known what happened. He said the Council likely has a picture that shows the centerline of the street at forty-four feet wide, shows a Volkswagen van one foot from the centerline, a parked car with a door open, that is one side of the street, there is parking on both sides of the street, so if there is a car on the other. side of the street, and there is because this is the gateway, then where is the fire engine or police car going to go, there is no room, twelve feet has been taken out of the street, there used to be an corridor where cars could pullover into the bike lanes for emergency vehicles, that is gone, he feels this is a dangerous situation and that is only one. Mr. Miller expressed concern with addressing the Council because there is no interaction, it is not known one is are being heard, whether they should go on, in his case, he is a better letter writer than speaker, that is why he wanted people to meet and talk with him about the real situation. Mr. Miller stated it is known there is a paved bike path, it is twelve feet wide, know it agrees with what the County wants, but it stops there, in the right-of-way there is twelve feet plus three feet, as is required, yet if that were moved to the Navy fence it would have only been necessary to take two feet out of the street, there would have been everything that existed before, plus this, that is something that is not understood, this narrow street has been created that was known as the gateway, the entry for the emergency vehicles, it is on the bike path maps of Orange County, it connects from Norwalk to Electric and over, but now there is this narrow street with no bike lanes, it is so narrow that, according to the Vehicle Code, bicycles will ride down the car lane because it is a substandard width lane. Mr. Miller said the twelve foot bike path is referred to on the plans as a paved trail, a trail means that there is multiple uses, it connects to nothing, ends up in the middle of the sidewalk at the south end after passing through a driveway apron into the pumping plant and through the Liberty Gate entry to the Navy facility, when one crosses an unmarked intersection that becomes a dangerous situation. Mayor Doane advised Mr. Miller that his speaking time had lapsed, stating that the intent was to provide answers to his concerns, to that Mr. Miller requested to finish his thoughts, to interrupt, that is why there is no communication. Mr. Miller stated again that cyclists pass through Liberty.Gate, pass through a driveway, as well as through a passenger loading zone for an OCTD bus, they end up on a sidewalk where there are pedestrians, and it is believed the pathway ends up in dirt at Pacific Coast Highway, to that he concluded there is no bike path, there is no way that people southbound, coming from Norwalk or from Seal Beach Boulevard can reach that bike path, they need to dismount their bikes, walk across the intersection, get on their bikes, ride to the other end, get off their bikes, cross two lanes of traffic once again to access the Electric Avenue bike path, that is not going to work, and this is just one small issue. This is a street that is in a flood zone with six inch high curbs on the low side to which the water flows and curbs on the other side are eight inches high where the water flows from, exactly backwards, the gutters on the east side are nine inches above the top of the curb on the west side, this is in a flood zone, there was an opportunity to have a street where the water could be made to flow the other way, but that was not done, this created a flood zone, there is the Fielding and Stark properties, every time it rains they have to put out sandbags, now the street has been improved which makes a bigger flood zone, the curbs are lower, the slopes higher. There is no catch basin in front I I 8-13-01 I of the Fielding property, he has a picture that thatiis where the floodwaters go, instead there is a catch basin on the east side by the bus stop that is above the catch ba~in on the other side by almost a foot, no water is going to go in that basin, a lot of things have been missed. Mr. Miller said there are others who wil1 address bicycle issues, passenger issues, exiting cars, etc. I Mr. Greg Miller, twenty years at the Sandpiper Bike Shop, said he did not understand and objected to the five ~inute time limit, people come and talk about the EI Toro Airport which has nothing to do with this City in immediate danger of public injuries, yet he and others are stopped from trying to possibly save some lives or injuries to the people who live in this town. Mr. Miller asked that the Council vieJ the pictures that they had taken and provided to Council} Councilmember Campbell confirmed that Council did ha~e the photos. Mr. Miller stated his intent to educate thelCouncil on bicycle law, bicycles have the right under the California Vehicle Code to any roadway in California, they are riot to be pushed off on a bike path or paved trail, to which he read Section 21200 of the Vehicle Code relating to his statement, also Section 21202-3A of the Vehicle Code from whichihe quoted that 'any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic, moving in the same direction, at such time shall ride as close as i practicable to the right hand curb or edge of the roadway except under any of the following situations, when reasonably necessary to avoid conditions, including but not limited to fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards or substandard width roads.l.', it states further that 'a substandard width lane is a l~ne that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.' Mr. Miller claimed alnarrow road has now been created, bicycles are not to be 'pushed off the road onto a bike path, cyclists have a right to the road, to which he stated that he and every other cyclist iri this area, of which there are thousands, will be riding the center of the road, slowing traffic, OCTA buses or as it may be. Mr. Miller claimed he has talked to Captain schaeferlwith regard to enforcement dealing with road rage or anything else that might occur from cars honking at cyclists to get out of their way, it is their road, it is the City that cre~ted the substandard road width, forget bike path or bike trail, that is not the issue, the cyclists can not be taken off the highway. Mr. Miller claimed that his father had a n0mber of things he wanted to talk about but it seems no one w~nts to listen, people watching this meeting should come dow~ if they are concerned about what is going on, he also invited the Council to visit the site and look at the situation, I look at which way the street slopes, the street was narrowed!fifteen feet, brought toward the west side of the street, there is a crown, they did not lower that side, they came to the center of the street and kept it up high, one can see it go~s down, and asked if the City is looking for lawsuits. Mr. Miller again referred to the bike path, twelve feet wide, s~id there is no access to his side of the street, one is not ailowed to ride a bicycle on a sidewalk so there is no way to get from the bike path to the west side of the street to access the travel agency, his bike shop, the tax accountant, the gym, I one has to go to one of the corners, Seal Beach Boulevard or Electric, cross the street then walk their bike on the sidewalk one quarter mile, there is no crosswalk anywhere on that street, it has been said it is dangerous to putlin a crosswalk yet there are crosswalks allover this town, is it I I I 8-13-01 being said that they are dangerous and people get hit, sidewalks and crosswalks can be made safe, the City Engineer is ruining the town, he has had his business here for twenty years and has worked hard for the town. Mayor Doane advised Mr. Miller more than once that his speaking time had long expired. I I Mr. Andy Anderson stated he lives at a place called the Veterans Administration Hospital, has spent half of his life there, for the other forty-two years lived next to the Navy Golf Course in Los Alamitos, born in San Pedro, lived in Seal Beach just before World War II, that a long time ago, and all of his injuries are the result of twenty-seven plus years of combat service in the United States military, so the chair in which he sits is not the result of his own negligence. Mr. Anderson said what he has is a base, a small footprint, he takes Jp as little room as possible, prior to coming to this meeting he parked in a handicapped space at the corner of Central and Eighth Street, having been trained in the united States as well as other countries, he has to unload his wheelchair to the left hand side, for that he needs at least forty-eight inches.to open the door, access the chair, assemble it, get into it, shut the door, then say thanks to three or four cars that are waiting for him to get out of the way. Mr. Anderson mentioned that he began racing wheelchairs when he was fifty years old, he is now sixty-five and races allover the world however he requires someone to help him race, that is Sandpiper because the people have the qualifications to assist a racing wheelchair and a hand cycle, a hand cycle is the same as a wheelchair for most people except his has three wheels. Mr. Anderson said he parked on the Boulevard this morning, twice yesterday, parked as far as he could to the side yet when he opens his door he is going to get hit, he is going to get hurt because the size of the street is now restricted, in the past he had the bike path, bicyclists would go around him when the door was open, now a bus is going to take his door off. Mr. Anderson offered that in order for him to maintain his independence and sociability he rides his hand cycle and racing chair with his grandchildren, children, and wife, they come to Seal Beach quite often, eat in the restaurants, bring relatives to the shell shop, yet he needs someone to help him, someone technically qualified, thus he has sent everyone he knows to Sandpiper so that Mr. Miller can work on their chairs, that is because he has been innovative in helping them advance the state of the art of what they do, that is hard to find. He noted he was not speaking just for himself but for others, explaining too that he is a patient, a volunteer, and a coach at the VA Hospital. Mr. Anderson stated he has been trying to figure out how he is going to get onto this street, he can not go up a curb, if he loads from the left hand side he would have to go to the back of his truck, take the racing chair out, he then goes into traffic from either direction, there is nowhere to cross in the middle, he would need to go to Pacific Coast Highway or to Electric, a quarter of a mile, to access a crosswalk to get on the sidewalk, to that he added that he does not belong on the sidewalk but that is all he has, there is no longer a bike path, no ADA accepted cutout in the center of those two points with a crosswalk that will allow someone like him to get done what he needs to get done. Mr. Anderson offered that he has no motives other than his own, that he was not present to discuss engineering, what the City did or did not do, he has no animosity for the world, he has been through enough, what he does want is to be able to advance his own I 8-l3-01 : , life, to take care of himself, but again, he needs help, he merely wants the Council to understand that the way the street is now he can not open his door, put his chai; together, which takes from three to five minutes, ge~ into it, get into traffic, and then push a quarter of a mile to get to a curb cut, that is not right. One may say ttiat a crosswalk is dangerous, yet in areas of downtown Los!Angeles they have placed crosswalks and ADA approved cutouts lin the middle of every block because people jay-walk all the time, they are not running over people, you might say use J driveway, he can not, some of the driveways in Seal Beach were here when he was born, there is cement and thenlasphalt up to the driveway, because of vehicle traffic, the erosion of the asphalt is three to six inches back and threejto six inches deep, he can not get through that in the wheelchair, he needs something safe, that is why he is at this mJeting, looking for safety, service, and continuation of his!quality of life. Mr. Walt Miller added that the Council should also know that when someone traveling the Boulevard wantslto parallel park, side by side, they need to find a spot, stop, then back up against on-coming traffic to get into the parking spot, the buses, cars, and cyclists are behirid them, when one looks at the drawing it is one straight line the entire way, a car going thirty miles an hour is going to take thirty seconds nonstop to go from Coast Highway to Electric, a bicycle is going to take one minute, that is destroying the I street. I , I Ms. Seretta Fielding, Seal Beach Boulevard, displayed a , binder entitled 'Seal Beach Boulevard Land Use Study; to which she said the booklet contains eighteen years of her life as a member of the committee to improve Seal Be~ch Boulevard, doubtful if the Councilor anyone present I' has this booklet which reflects the meetings attended and the decisions made. Ms. Fielding read a statement from the meeting of March 5, 1986, a meeting that Mr. Walt Miiler attended. At that time the discussion was to have the bike path on the street with diagonal parking, Mr. Millerjwas not in favor of having the bike path on the street, hence, for many years there was an effort to have a bike path in a different place, Mr. Miller stated at that time, as reported in the minutes of that meeting, that the bike path be eliminated entirely. Ms. Fielding noted she has spe~t her life on Seal Beach Boulevard, this is a compromise of change, her feeling is that one of the reasons Mr. Miller islunhappy with Seal Beach Boulevard is that it is not his life long dream of becoming again a vital commercial area, yet she would ask that when Mr. Miller had the opportunity by owning a six thousand seven hundred square foot piece of commercial property, he chose, with his new design, to put only!a one thousand three hundred square foot commercial building, the rest of his property remains residential. Ms. Fielding said she feels there are problems even with the new desigh of Seal Beach Boulevard, she has talked to the City Engineer~ the Mayor, Councilman Boyd, she too concerned about drainage and the width, however she has been assured that as this11project proceeds, if there is a change to be made it will be made, this project can not be held any longer. With regard to the handicapped parking, Ms. Fielding noted that four parking spaces are being realized as a result of the design at the end of Landing near the pump station location, that is an adequate area to dedicate the four parking spaces to: handicapped parking, much like what was done by the Bank of America, persons could then cross at Electric and Seal Beach Boulevard where handicapped inlets for wheelchairs already I I I I 8-13-01 I exist, then go to the bike shop. She mentioned there has been many years of designing Seal Beach Boulevard, it is not perfect yet, however it needs to get done then deal with any problems after. Mr. Fred Schreiner, Seal Beach resident of about fifteen years, a recreational cyclist, said he has heard the different arguments and would like to make a couple of independent points. He stated the trail is multi-use, from his experience over the years that it is actually more dangerous than a dedicated bike path, there are walkers, joggers, slow bicycles, fast bicycles, quite a.mix of traffic, there are quite a few multi-use trails in the area, the City may be aware that there are more accidents on the San Gabriel River trail than on some of the local streets, what particularly aggravates the Boulevard multi-use trail is the fact that there is not a well dove-tailed entry or exit, and the fact that the phased approach to this that takes it towards Sunset Beach is not complete, as Mr. Miller said it involves getting on and off and crossing some major intersections to try to use it. Mr. Schreiner said what he found disconcerting from the report from the Planning Commission was the comment that alluded to the fact that a crosswalk positioned in the middle, separate from a controlled intersection, would in fact be more dangerous, yet across from Bay Hardware and further towards Pacific Coast Highway there are two crosswalks in the middle of the main street that exactly fit that description, that sounds like an inconsistent application of principle, he does not really support that argument, if a crosswalk is not going to be put in now, then they should be removed from Main Street if that is the conclusion because what you are implicitly telling people is that those crosswalks are dangerous and they probably are. Mr. Schreiner said when one looks at the Boulevard a lot of the points that the Millers brought up are felt to be valid, the street does look quite narrow, drainage has always been an issue in that area, to him he would not think it unreasonable for the Council to spend a few minutes and do some justice to the long time residents, walk the area, hear their concerns independent from a City Council meeting with limited speaking time, that would be the right thing to do. Ms. Patty Shackeroff, homeowner since 1970 and owner of Beachside Travel on Seal Beach Boulevard, noted that this project has moved so quickly and things have taken place without any notice to the community that she is concerned about the situation and the impact it is having on the rest of the town, on Main Street, on l2th Street, she feels the handicapped situation is of great concern, agreed with a previous speaker that a crosswalk in the vicinity of the Weapons Station gate would be a good idea, something that should be considered, the curbs and driveways need to be looked at, persons in the area actually stopped a curb from closing off a driveway the other day, it had already been poured yet a number of people made phone calls, the curb was then pulled out, the driveway put back, the owner of property had not even advised that the driveway to his property was being eliminated. Ms. Shackeroff said her greatest concern is that Seal Beach Boulevard is the gateway to Old Town, cars come down that street quickly, there are a lot of cars, there is no other street that can handle the impact of more traffic, she feels by narrowing the street there will be a situation of serious problems, with parking, with businesses that are there, people crossing the street, jay walking, she would hope that there are not problems, that someone will look at and rethink this because she would not want to see anyone injured, and asked that the Council give this thought. Ms. Shackeroff added that she speaks for herself and her I I 8-13-01 family only, she is aware that her name and that of her family has been mentioned by others however without i permission, that the Shackeroffs speak for themselves, if they have anything to say it will come from them directly via I a phone call or letters. Even though Mayor Doane requested that Mr. Greg Miller be seated as he had already addtessed the Council, Mr. Miller continued, stating he would like to offer a solution, there is twenty-five feet from thelcurb to the Navy fence, the curb could be extended back. Mayor Doane advised that the City has no control over that. There being no others wishing to comment on this specific agenda!item, Mayor Doane requested comments from staff with regard to responses, suggestions, or possible compromises. I The Director of Public Works stated Mr. Zimmerman would be making comments, and he would also show the aerial of the subject location. with regard to the drainage issue~ Mr. Zimmerman noted an expressed concern relating to theieight inch curb face on the Navy side, the six inch curb face along the western side, as well as the cross-slope of the street, to which he explained that current conditions required the eight-inch curb face in order to not have to build art expensive retaining wall along the Navy property, th~ street was designed to actually act as a retention basin, tb hold more water than it did, because of lowering the street it can now hold more water before it dissipates into the stbrm drains, previously it did not have that opportunity,lit actually flooded above the curb face and onto the property adjacent to the curb face. Councilman Boyd asked if I hydraulic calculations are used to figure that out or is it estimation or a combination of both. In response, Mr. Zimmerman said it is their professional experience b~sed upon information available to them at that time, it is krtown that by lowering the street surface elevation and keepingjthe curb face where it approximately is, it allowed reuse of the street as a retention basin which is common engineering, it will handle most normal floods but will not now or eVer handle a one hundred year flood, but it will handle ~ ten to twenty-five year. To the issue of street narrowing,lit was designed to current Federal, State and County standards, it is actually beyond what is required for the street. I Councilman Boyd asked what are street requirements by law, to that Mr. Zimmerman stated all that is needed is a thirty-six foot street width, agreeing that the street exceeds that standard by eight feet. With regard to the bike lane issue, Mr. Zimmerman said nothing has been proposed to takelaway the ability for the street to be used by bicycles as had been stated by Mr. Miller, Vehicle Code 21200 still allows for bicyclists to use the street, in addition, for safety measures, the trail was added for pedestrians as well as commuters and recreational users, it does provide cohtinuity, as mentioned from Pacific Coast Highway down to Electric which will eventually connect to the Marina Drive bike path, design is currently in progress for the Pacific Coast Highway trail, working with Cal Trans. Councilman Boyd saidlhis understanding is that this is just one segment of a three or four segment trail system that will link the entire City. Mr. Zimmerman stated that to be correct, it is also designed to current Federal and State requirements. As to the crosswalk issue, Mr. Zimmerman stated there are a co~ple of scenarios as far as crosswalks are concerned, reported that recently the City of Santa Ana performed a mid-block: crosswalk study, at that point it was determined to temove about forty percent of them, mid-block crosswalks, if applied in the right scenarios do work, in this scenario it does not I I I 8-13-0l I work, they work on high volume streets where they are anticipated or expected, on low volume streets, such as Seal Beach Boulevard, they are actually unexpected. The Public Works Director added that in 1996 staff brought to Council a traffic safety evaluation enforcement engineering analysis, included in this agenda packet, and at that time cited that there are warrants for pedestrian crosswalks where actual measurements of the amount of pedestrian volume can be made, there could be adoption of what the warrants would be for a crosswalk depending upon how many pedestrians cross, when they cross, during what peak period they cross, this is similar to what has been done in the cities of Phoenix and Los Angeles, there is considerable engineering science that goes into placement of a crosswalk, they should only be placed in an appropriate location for people to cross because you want the person crossing to be cognizant of where he is crossing, no to create a false sense of security while they cross. I Mayor Doane invited comments from the Council. Councilman Larson said his comments were primarily directed to the Veteran, noting that he too is old enough to have been in the South Pacific in World War II, more importantly he is now on the Governor's Commission on California Veterans Homes attempting to locate such homes to implement the need here in Southern California specifically, and he is Chair of a committee to determine to place a veterans home on the VA property where Mr. Anderson now resides, so there is particular concern about his difficulties and what he sees as problems, therefore he would like staff assurance that there is no hindrance to him getting in and out of his car. Mr. Larson noted that he has a family member that is a paraplegic, he is with the Flying Wheels Basketball Team and trains at the Navy Station, they have been kind to provide a place for him to do so, therefore he identifies with the problems and would hope that there is nothing done that would make it difficult for Mr. Anderson to continue to live an enjoyable life and use his wheelchair. Mr. Zimmerman responded that the twenty-two foot width allows for a seven foot parking area with an additional four feet of width to get to an actual travel lane, however a travel lane can vary, that is why it is not marked, according to standards a travel lane can be anywhere from ten feet to twelve feet, that provides flexibility for people to move in and around obstacles in the street and it is believed that with this criteria there is enough room for this gentleman to be able to maneuver out of his car and give access out and around his vehicle. Councilman Larson said he is only concerned with that one issue at this point. Councilman Boyd referred to the question posed by Councilman Larson, and directed his question to either the Development Services Director or the engineers, stating that with the understanding that Mr. Miller has a new commercial and residential project proposal, asked if he is required as part of his commercial activity to have on-site handicapped parking. The Development Services Director responded that for the new building that Mr. Miller has proposed there is no on-site commercial parking provided at all, the parking that is provided at the rear of the property for that project is for the residential units. Councilman Boyd concluded then that Mr. Miller would have a commercial structure with no parking and a commercial structure with no handicapped parking. The response of the Director was affirmative, explaining that the existing bicycle facility has some parking area at the rear of the property that is accessed from the alley, however he could I 8-13-01 , not recall the condition of that parking area and th~ access to.the existing bike shop. Councilman Yost said in ~s much as this is one of two bicycle shops in town and a bike path is proposed, asked if any thought was given as to ho~ one would get from the bike path to one of the bike shops which could be presumed would be a designation from those on the bike path and how would that transpire. The Director responded that as Mr. Miller indicated a bicycle haslthe same right to travel a roadway as does a vehicle, it is general assumption under the plan at this point is that most I people coming into Seal Beach would be on the roadway itself as they have done in the past, the path on the Naval Weapons I Station side is aimed more to people leaving town and those that are not comfortable riding on major roadways, it is morelof a recreational vehicle and pedestrian path, that is the type of paths that are seen in most cities when there is an off-road path as there is with the Bixby project, those are really not designed for commuter bicyclists or cyclists that will ride twenty-five or thirty miles a days as part of a bicycle club, they are designed for a different purpose. councilm~n Yost said in other words there is no way to get from thislbike path in a wheelchair except to go down to one end of the block or the other, a quarter mile away, cross at the intersection, then come back down the other side to get to the wheelchair bicycle shop. Councilman Boyd noted it is the same as any other street in the City. The Director of Public Works confirmed that to be correct, offering to showlthe aerial view. Councilman Yost inquired if there is alway to make some improvement in terms of access for persons who are handicapped, noted that a friend of his in the community is disabled, in fact he had appointed him to the Parking Committee for just that reason, yet unfortunately hejdid not have the time to sit on the Committee and removed himself as a member. with regard to the design, Mr. Zimmerman confirmed that there were no crossing amenities mid-block, that based on the CalTrans Traffic Manual that recommends that ~ll crossings of a street be done at a controlled intersection, there might however be an opportunity to provide a crosswalk at Landing which would be a more natural crossing. I Councilman Boyd noted that Landing is a bit further toward the Highway, if a crosswalk were to be considered helwould want it to be done after the street has been evaluated in its operation and new format, however the greatest prope~sity for crossing would occur at the Naval Weapons Station Liberty Gate, noting that there are hundreds of Naval personriel that depart for liberty from that gate, spend their dollars in the community as well, that would be the obvious locatiori if that is to be done, but only after a recommendation from staff to do so, he would not want to see the Council only do that as that could be an exposure to future liability. He stated a similar concern with handicapped parking, questioning why a business would be approved that claims to serve people with a disability without the appropriate handicapped parking, to him that is a significant issue. The Director of Public Works said as was mentioned before the staff recommeridation would be to study the issue after the project is completed then determine where a mid-block or other crosswalk would be placed, do that by using pedestrian and volume counts, look at where the most appropriate place for a crosswalk ~ould be based upon the highest pedestrian usage. Should that become a recommendation of staff, Councilman Boyd asked if flashing lights or similar warning signs would be recommended[for use as well. The Public Works Director responded that are a lot of things can be used, it depends on how much treatment is desired, there are pedestrian activated signals where the I I I 8-13-01 ,I cars have a green light at all times a red light only when someone uses the pedestrian signal to allow them to cross placement of a mid-block crosswalk with other things could be done such as diagonal striping, crosswalk ahead signs, a number of warning devices if that were to be the desire. He mentioned again however that staff would want to first study the volume of pedestrians that would be crossing, where the most pedestrians would cross, and the most appropriate location, if a crosswalk is put in make it as safe as possible, not in a location where a motorist would not expect it. Councilman Boyd expressed his belief that his comfort level would be with allowing staff, having the professional expertise, not the Council, to make that determination as both persons, the City Engineer and Contract .Traffic Engineer are registered civil engineers with the State. I Mayor Doane noted that he has been a resident of Leisure World for twenty-two years, one of the things that has disturbed residents over the years is that there is no crosswalk from the Post Office across Westminster to the small shopping area and restaurant, studies have been done for at least that many years yet the negative impact and dangers of a crosswalk in that location have prevented it from occurring, therefore he would question if that same situation would exist on Seal Beach Boulevard or if there are steps that could be taken to prevent similar obstacles that evidently surrounds a Westminster Avenue crosswalk. He stated he does not have statistics only that he knows it has been turned down every time it has been brought forth for the same reasons that were mentioned with regard to the Santa Ana study and others. Mr. Zimmerman again noted that there have been a number of studies performed with regard to crosswalks, that it is the job of staff, as engineers, to provide both pros and cons and a recommendation based on experience and observation, that is what this study will be, unbiased, looking at all criteria available, with a recommendation that will not put the City at risk. Mayor Doane agreed that this would be something that can be done after the project is finished, a separate study relating to a crosswalk. Councilman Yost referred to the comments of Mr. Schreiner relating to crosswalks on Main Street, mentioned that the Main Street revitalization project called for the placement of nodes to make those crosswalks safer, it is realized to some degree they are unsafe, attention needs to be drawn to them so that it is a pedestrian friendly environment, the desire would be to keep them if possible, but that was something that was looked at. Councilman Yost asked if the Naval Weapons Station is not used for parking for some of the special events, if so it may make sense to provide the persons leaving the parking area with a pedestrian crossing to walk into town thus making it safer for them as well. A question too with regard to drainage, it was stated the street would be able to hold more water, in fact up to a ten year flood, it may decrease the chance of flooding however if there is flooding inquired as to which side of the Boulevard would be breached first, the residential and businesses or onto the Naval Weapons Station. Mr. Zimmerman acknowledged that it would breach the residential side first yet it should be noted that the street was narrowed so not as much water is being taken across the street, in addition, with the path there is an opportunity to absorb more water, to percolate into the soil, which results in less flow across the street, rather to the storm drain. Councilman Yost questioned the reason for this design, to breach the residents and businesses first as opposed to the Weapons Station. In I 8-13-01 I response, Mr. Zimmerman explained that the roadway had design I constraints, they took the opportunity to use whatever data was available at the time, the roadway on the west side is bound by the existing elevation of the buildings, thdt was a fixed point, on the opposite side, to transition thelroad, or slope the road the opposite direction would actually put the level below the flood zone, that could create more drainage problems or in fact increase the water onto Seal Beach Boulevard. Councilman Boyd asked if the infrastructure that was in place necessitated that the drainage continuelto the west side, in response, Mr. Zimmerman acknowledged that to be correct, Councilman Boyd then concluded that becauselthe grade of the street was lowered, additional hundredslof acre feet of water can be retained because of the lower grade, that statement too was said to be correct. Councilmdn Boyd noted mention of the lack of opportunity for public comments on this project, yet this project in concept was broJght before the Council in April, 1999, that after requests were made to the State for funds pursued by the City Asse~ly and Senate Representatives and the County Supervisor an i application for federal funding for a State and local grant program in October, plans and specifications were approved in March 200l, it was before the Council five times prior to the , authorization to seek bids, the contract was awardedlin May, this is now August 13, there has been ample opportunity for .the public to comment, therefore he would take issue!with the complaint that the public did not raise the opportunity to comment. I Given the history and the discussion at this meeting! Councilman Boyd moved that staff be directed to continue the project as approved, that pedestrian activity and traffic be monitored, that a report be brought to Council with ~ctual data for consideration and adoption of any recommend~tion deemed appropriate. ! I To comments made by Mr. Walt Miller from the audience, Mayor Doane stated the Council was trying to be fair, howeVer adverse comments were not appreciated. Mr. Miller made reference to a comment of Mr. Anderson that he loadslhis wheelchair outside his car, stated that the Council had a picture that showed the center of the roadway, a Volkswagen bus, the room between the car door and the Volkswagen is less than two feet, the buses that travel that street areiten feet four inches wide, that according to the United Parcel truck ten feet wide, therefore claimed those vehicles willlhit the van door, there is no room for Mr. Anderson to safely get out of his car and unload his chair unless the UPS truckland bus stop or cross the double line. Mr. Miller said thatlis what he believes is not being looked at, if the Council passes the motion, the street stays at forty-four feet, that wiil never go away, yet there is an opportunity to move the curb back. Mayor Doane noted that an area was pointed out that could be reserved for handicapped parking, that might take cafe of his concern. To that Mr. Miller stated that will not take care of the situation, just ask Mr. Anderson. Councilman! Larson expressed his feeling that it was shameful to bring a Veteran to the meeting and try to use him for personal gain,:if Mr. Miller was so interested in the welfare of Veterans and their wheelchairs he would provide parking for the handicapped on his property rather than building a house, to that Mr. Miller said he would speak to Councilman Larson later with regard to that issue. I I I I 8-13-01 I Mayor Doane requested that the meeting continue. Councilman Boyd restated his motion to direct staff to continue the project. There was no second to the'motion. The Mayor asked if there was an alternative motion. Councilman Larson advised that if there is no motion the road improvements will continue as is because the City has a contract. Given the comment of Councilman Larson, Councilman Boyd withdrew the motion on the floor. I Councilman Boyd moved to receive and file the public comments. Councilman Larson seconded the motion. Councilman Yost expressed interest in having staff look at some means of improving access from the bike path to the bike shops for handicapped access, asked also if anything could be done to improve drainage and decrease the chance of flooding, although that may be at optimal level, that would be his recommendation or a substitute motion. Mayor Doane stated he believed that Mr. Miller has made the Council aware of some extenuating circumstances involving the project, he felt certain that staff has take them under advisement; Councilman Larson mentioned that he did not think the Navy would look well upon trying to direct drainage from City property onto their land. Mayor Doane said he believed the Council has honored what the agenda called for, a citizen request for changes to the plans for Seal Beach Boulevard Improvements from Seal Beach Boulevard and Electric Avenue, noted that Council was provided extensive documentation including letters from Mr. Miller, the opportunity to speak to the issue was given, not a requirement, rather a courtesy, he did not believe the Council has been unfair to anyone, and thanked the Millers and others for their input. There appeared to be a consensus as to the motion on the floor however no formal vote was recorded. Mayor Doane declared a recess at 10:10 p.m., the Council reconvened at 10:21 p.m. with Mayor Doane calling the meeting to order. I RESOLUTION NUMBER 4921 - STORM WATER OUALITY MASTER PLAN Given the lateness of the hour and this item being a primary concern of many Seal Beach residents, Councilman Yost suggested that it may be best to hold over the presentation and consideration of the Master Plan until another meeting and that it be agendized early in the meeting. Councilman Boyd offered a second if the intent was to be a motion. To a concern that there were consultants and others present having an interest in the item, it was suggested that they be invited back to the meeting at which the item is considered. The Director of Public Works said he felt quite certain that the consultant would be willing to make the presentation at another time. Councilman Yost offered that that would be important as considerable work was put forth towards this Plan. Councilman Larson agreed, stating it is important that the public hear the presentation, earlier on the agenda would be best. Councilmember Campbell said she believed the Orange County Regional Airport Authority is scheduled to make a presentation at the next meeting. Councilman Yost confirmed his motion to continue the item until the next meeting, placed early on the agenda. Councilman Boyd seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried 8-13-0l I To the motion and second to approve staff recommendations for the remaining four agenda items, members of the Council indicated their intent to comment on two of the items, therefore the consensus was to consider the items separately. I REOUEST FOR PROPOSALS - STREET SWEEPING MAINTENANCE SERVICES Councilman Yost moved to approve the Request for Proposals and authorize staff to initiate the process. He noted that the more the streets are swept the less debris ends 0p in the ocean. Councilman Larson seconded the motion. I Boyd, Campbell, Doane, Larson, Yost I' , , d None Mot~on carr~e I and Yost were Councilmember , Campbell stated the interviews went well, the committee was in agreement, mentioned the statement in the staff report that 'firms will be assigned projects by staff' and ~aid it would be appreciated if the Council could have some input to assignments. The Director of Development Services offered that that is a Council decision, what was envisioned!was that staff would forward a project proposal to each of the firms and let them submit a bid dependant upon their time i availability given their workload, it is likely that I some firms would not be able to take an additional project if they are involved with projects in other jurisdictions th~t they also service. Councilman Boyd asked if" once the bids come back, they could be brought to Council just for review. The Director explained that a contract would be brought before Council for all projects. Councilman Yost sought I clarification then that Council would have some input in that it was obvious that of the various consultants inter~iewed some had greater strengths with regards to wetland I restoration projects as an example, a major concern ~ith regard to 'Hellman, that was why some were chosen. I Councilman Yost moved to approve the Interview panell recommendation to retain the environmental consulting firms of Culbertson, Adams & Associates, PCR Services Corporation, and RBF Consulting, said services for a period of fo~r years, and authorized the City Manager to execute the contr~cts on behalf of the City. Councilmember Campbell seconded the motion. AYES: NOES: ENVIRONMENTAL IMPACT ANALYSIS CONSULTANTS It was noted that Councilmembers Campbell participants on the interview committee. I Boyd, Campbell, Doane, Larson, Yost I None Motion carried I : REOUEST FOR PROPOSAL - STREET TREE MAINTENANCE SERVI8ES Councilman Boyd moved to approve the Request for Proposals for street tree maintenance services. Councilman Yost reported that a resident had mentioned that they hadjno problem with the proposed increase of the street sweeping rate inasmuch as there would be an increase in the level of service as well, yet their concern was that the amourit of revenue would increase dramatically as compared to t~e level of services provided, would potentially generate revenue almost three times the current cost of $150 versus alrevenue of $55,000 offset, also the individual was concerned; that the City is increasing the fees and generating much moreirevenue with regard to the tree trimming than there is an increase of service. The City Manager explained that the discussion is to increase the service level of tree trimming to include rather sidewalk lifting repair, root pruning, etc., there is AYES: NOES: I 8-13-0l I a movement to keep the trees, that would require more maintenance, at present trees are basically just pruned, this would be a service enhancement. Councilman Yost expressed some concern as the Fact Sheet that was distributed did not have an explanation to that extent, it is believed that if the public had more information that there would be more in the way of sidewalk maintenance in addition to the tree trimming there would be somewhat less concern. The City Manager offered that possibly the question and answer sheet could be enhanced, it was addressed in the manner that tree maintenance would include removal, replanting, root pruning, but the point is well taken, it could be addressed as a service enhancement in that the information might be construed as what the City is already doing. Councilman Yost confirmed that that was how the resident read the information, that they would be paying three times as much but with no increase in service. The City Manager offered to provide further explanation. Councilman Larson moved to second the motion as previously stated by Councilman Boyd. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried REOUEST FOR PROPOSAL - LEASING / PROPERTY MANAGEMENT SERVICES Mayor Doane expressed his support of this item especially with regard to the newly reacquired original City Hall building, and recommended its passage. Councilman Boyd seconded the motion. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY'S REPORT No report was presented. CITY MANAGER REPORT No report was presented. I COUNCIL COMMENTS Councilmember Campbell offered congratulations and best wishes to City employees Bob Eagle and Steve Stockett on their recent nuptials, a nice article appeared in the local paper on their marriages. She inquired of staff if any attempt is being made to synchronize all of the traffic lights from Cerritos to Pacific Coast Highway, that after the Bixby project is complete. The Public Works Director responded affirmatively, explaining that there is actually a current signal improvement project on Seal Beach Boulevard, the City has a half million dollars from Orange County Transportation Authority to basically set up a traffic management center which will synchronize all of the signals, fiber conduit will be laid from the 405 Freeway to PCH, the first phase has been done with the installation of new controllers, the second phase is a joint partnership with the Cities of Mission Viejo and Fountain Valley to obtain the equipment to be installed for the system, that will allow the ability to program the signals for better timing based upon the actual conditions. Councilmember Campbell recalled that the City of Los Alamitos, some eight or nine years ago, synchronized all the lights from Los Alamitos down, but once they hit Lampson they were unable to move traffic through that intersection. The Director explained that the intention is to synchronize all of the signals on Seal Beach Boulevard, 8-13-01 the Seal Beach signals actually talk to those in Los' Alamitos, yet until the 405 Freeway over-crossing is Idone there will still be a bottleneck at that location, again, once the fiber network is laid all of the signals wi]l talk to each other. Councilman Boyd made reference to his earlier comment with regard to an expansion of the National Wildlife Refuge, his feeling is that that is something that should be looked at and pursued, there is likely an opportunity to do so, and mentioned that he had noticed in one of the i Restoration Advisory Board letters as well as a response and comment letter of the City that 4.1 acres be considered to be added to the Refuge, recollection that the City comment was positive, yet one of the persons present at this meeting in opposition to the Seal Beach Boulevard improvements opposed proposal that as well in a letter written to the City, it would be an exciting opportunity to expand some of the National wildlife Refuge areas, and a benefit to thetcity. Councilman Yost asked if that could be the section that the Orange County Parks and Recreation wants to expand to increase their dry boat storage from a hundred to six hundred spaces, make that part of the National wildlife Refuge instead, the response of Councilman Boyd was that the City owns it, possibly it could. Councilman Larson mentioned that one of his constituents sent a letter and pictures to the members of the City Council, his request would be thJt the City Manager look at them and somehow give a response as to what the City is doing, it is known that improvements are being made to Main Street. The City Manager acknowledged having received a copy as well, and reported the Interim Recreation Director is working on it. Councilman Larson announced to residents of Leisure World and Seal Beach as a whole that on November 11th the City of Long Beach will be running their marathon, it will come up Westminster to Studebaker, therefore it will likely not be possible!to access Studebaker so it may be necessary to use Seve~th Street, and noted that last year they impacted all of the churches so they have now changed the route. Mayor Doane expressed appreciation to Councilman Boyd for handling the timer during this meeting. I I I I I I CLOSED SESSION No Closed Session was held. ADJOURN ; It was the order of the Chair, with consent of the Council to adjourn the meeting until August 27th at 6:15 p.m. toimeet in Closed Session if necessary. By unanimous consent, the meeting was adjourned at 10: 36'Plm. ! C,i ty Clerk and f the City of Seal clerk Approved: I Attest: