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HomeMy WebLinkAboutCC Min 2000-04-10 3-27-00 / 4-10-00 no changes. To that Councilmember Campbell pointed out that the Mayor would not call for the question, continuing debate. The City Attorney confirmed again that any motion to conclude debate requires a two-thirds vote. Councilman Doane asked if that means that the person conducting the meeting, with a motion before the Council, is not required to call for the vote. Noting the hour of approximately 11:57 p.m., the City Attorney offered that if there is a motion to continue the meeting past 11:59 p.m. he would address the procedures further. I ADJOURNMENT As 11:59 p.m. passed, the meeting was adjourned. clerk Approved: t Attest: I Seal Beach, California April 10, 2000 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Chief Cushman, Lifeguard Department Ms. Beard, Director of Recreation and Parks Ms. King, Director of Administrative Services Mr. Dorsey, Assistant to the City Manager Ms. Yeo, City Clerk I .0.. 4-10-00 CONTINUED BUSINESS I ORDINANCE NUMBER 1455 - ZONE TEXT AMENDMENT 00-1 - RESIDENTIAL CONSERVATION OVERLAY ZONE - BED and BREAKFAST FACILITIES Mayor Yost recapped the procedures relating to Zone Text Amendment 00-1 to date, noted there have been two City Council public hearings, those hearings are closed, at last meeting a motion was made to deny the ZTA which failed two to three, a motion was made to approve Option Two which included the alternatives and changes made by Councilman Boyd that were acceptable to both the proponent of the project and the City, a substitute motion was made to include other items that had been unacceptable to the proponent and City, that failed, discussion continued on the matter until midnight when the time limit for the meeting concluded. Mayor Yost said he ~acilitated ~hat process to provide further time for people to think about this issue and to carefully consider the reasons and rationale as' to why they were voting on the particular issue, listening to the subsequent comments may have given some understanding of why he did that, explaining also that the City is governed by Roberts Rules of Order as well as the City's procedural regulations for Council meetings. He noted that to closE!gebate.requires'a two thirds vote which is four fifths of this Council, the Council period for comments is limited to fifteen minutes, if a point of order is made it is limited to that period of time, that protects the rights of the minority as well as the rights of the majority, democracy is patient, and if it is a good plan then the majority prevails. I It was clarified that the motion is to approve Option Two with the changes made as a result of discussion at the meeting of March 13th and the changes presented by Councilman Boyd found to be acceptable to the proponent and the City, the motion made on March 27th by Councilman Doane, seconded by Councilman Snow. It was further clarified that this vote is on Zone Text Amendment 00-1, the Zone Change and Conditional Use Permit must still be heard under public hearing before the Planning Commission. AYES: NOES: Campbell, Doane, Snow Boyd, Yost Motion carried APPROVAL OF AGENDA Councilmember Campbell requested that Items "H" and "J" be removed from the Consent Calendar for separate consideration, Councilman Boyd requested Item "G" removed. A member of the audience said he would like the Zone Text Amendment put up for public comment. Boyd moved, second by Campbell, to approve the order of the agenda as amended. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ANNOUNCEMENTS Mayor Yost read a brief description of Arbor Day, a day that proposes for the future, that is the tone set ever since the first Arbor Day was initiated in 1872 by J. Sterling Morton for people who celebrate Arbor day and plant trees, planting trees is an act of kindness and optimism, a gift for friends, neighbors, and future generations. It was announced that in local celebration of Arbor Day the City will be planting two trees at the Girl Scout House on April 19th at 3:30 p.m. 4-10-00 Councilmember Campbell announced the College Park East Annual Bunny Bash on Saturday, April 22nd at Heather Park from 1:00 to 3:00 p.m. Mayor Yost announced an upcoming public service program to be shown on Channel Three, April 27th at 7:30 p.m. relating to melanoma. I PUBLIC COMMENTS Mayor Yost declared Public Comments to be open. Mr. Reg Clewley, Seal Beach, expressed his disappointment with the decision to approve ZTA 00-1 without allowing further public comments. He made reference to certain refinements that were made to the bed and breakfast proposal by staff on February 9th, noted that standards for bed and breakfasts in the City are limited to those who meet certain criteria, one of those, as initially set forth in the Planning Commission staff report, is that a bed and breakfast can not be located adjacent to an existing single family residence or on the same side of the street, as to the Proctor house, which the proponent does not own, it is proposed to be a bed and breakfast, and the Krenwinkle house is proposed to be the single family residence of the B & B owner, therefore the property does not qualify under the Zone Text Amendment just approved, a bed and breakfast next to a single family residence. Mr. Clewley said he could understand the desire of one Council representative to pay back some of the deprivations of College Park East over the Bixby Towne Center proposal, another may be looking to a little tax revenue forthcoming, yet the lawsuit that the City is about to face as a result of the ZTA will cost much more than will be realized from the bed and breakfast, another member has praised the staff for their enforcement of City laws, however he personally experienced the consumption of an alcoholic beverage and cigarette on the patio of a local restaurant that has not been approved for use. Ms. Fran Johnson, Seal Beach, inquired as to what is going to be done with the Boeing property across from the Animal Care Center, said the City is being ruined by putting down all of this concrete, she would not want a big box development, two trees are being planted at the Girl Scout House but nothing is being done to take care of the trees at Bixby, with regard to the bed and breakfast issue, if one puts in eight bathrooms and then guts these old homes what is left, in the mid-West these homes are left as they were originally. Ms. Johnson said it seems things are getting worse and all for money. Mr. Roger West, Electric Avenue, apologized for his comment at the last meeting that the Mayor lives on the Hill. Mr. West suggested that the Council appoint an independent committee to monitor and report at each meeting on the status of the Department of Water and Power ownership, there still may be a chance that that last piece of waterfront land could be saved for public use, he is suspicious that City employees may already be working with potential buyers to subvert that possibility and participate in the development for their private benefit. He said after witnessing the behavior of staff on behalf of one individual to discard a swath of zoning protection the length of Seal Beach, ignore building codes and parking requirements to convert a residential homesite into commercial, one has good reason to be suspicious, the Council has been uninformed, misinformed, and misguided. Mr. West stated that all deserve better with regard to the DWP property. Ms. Pamela Miken said having just moved to this City she did not have an opportunity to speak to the bed and breakfast issue, her feeling is that it is the job of the Council to listen to I I ". .....:.t 4-10-00 I debate every night until it is done, it may not be possible to change the past but do better in the future. Mr. Mike Kumpher, Electric Avenue, resident for approximately seven months, said he did not feel that the councilmembers of District One and Three have represented the City, that he would put forth every effort at the next election to make certain they do not return to the Council, the bed and breakfast proponent had brought forth a proposal that was clearly supported by the majority in this area, yet that was ignored. Mr. Chi Kredell, Seal Way, stated that the majority of people of this area do not. want a bed and breakfast. Mr. Kredell criticized a member of the Council for not having voted for anything to benefit District One during his service on the Council, another frequents a number of establishments in Old Town, is for business but does nothing for the people who want this to be a single family community, two other members have done the right thing and represented their districts correctly. Mr. Kredell said the proponent of the bed and breakfast was looking to build everything possible behind the Hill, he also spoke for the removal of the City Manager from his employment. Mr. James Cook, 8th Street, said everyone has a right to their opinion, Mr. Verhulst may have had an opinion on Mola, Yost and Boyd have an opinion on the bed and breakfast matter, he has no problem with that, what he did have a problem with is the manner in which the vote was held hostage at the last meeting, some things are not understood but there are people in this town that believe they are power brokers but they are really just puppeteers, in this case things need to move forward, take losses like a man, one does not bring up things from years back when that may have been an opinion at that time and they had no financial interest whatsoever, you do not attack individuals, you discuss the issues. Again, some say no one wants this B & B project but there were more than five hundred signatures on a petition from just two Districts, that while the machine that says they run the community got about sixty signatures, the citizens of this community are not going to be controlled by a small minority that think they hold the power because they hold purse strings. Ms. Reva Olson, Seal Beach, said she feels badly for this young couple, it appears they have been led down a path, her concern is that there are so many untruths in the documents, the people want honest government, it's felt illegal things have been done, there will certainly be litigation, things need to be done right, untruths even with regard to in-lieu parking. Mr. vic Peterson, Los Alamitos, owner of property at 322 - 7th Street, offered his belief that the bed and breakfast issue was moving forward in support of the Planning Commission, he was present because he expected to have the opportunity to speak, stated that zoning law has been made to follow not to apply to just certain situations, this Council has gone against the Commission it established, they advocated a no vote to the bed and breakfast, it is not understood how this matter was approved. Ms. Sue Corbin, Seal Beach, expressed amazement that no one was allowed to see what the actual project was going to be on 7th Street if the zone overlay was only this property, she too believes there will be a lawsuit. This proposed project is having an opposite effect, it is destroying the homes that people set out to save, developers are already calling the people who have these few old homes. Ms. Corbin suggested that Mr. Bartlett take the Krenwinkle house to the Hellman property and use it as a guardhouse or community center, that would be a good use for the property, this does not fit the way it is planned to be used. She also made comments relating to sobriety. Ms. Corbin said it is assumed there is I I 4-10-00 no financial interest yet the bed and breakfast proponent filed suit against the City for $1 million for the landscaping for the Mola project, that could be said to be a financial interest, he also cost the City $1 million and litigation on the Starks. It is understood the City is going to plant two trees at the Girl Scout House, that is good, the City broke the waterline and left it for the Scout Council to repair, public works under this director has a history of negligence, the sewage break where the value was left open, sewage went into a trench, then into the ocean, yet they gave themselves an award, and the City will likely have to pay a fine. She claimed that the residents have paid for the sewers three times as they have the alleys yet the money has disappeared, it is wrong to ask people to pay again, it is said that there is an emergency with the sewers, perhaps there is, but what assurance is there that the money will go to the repair of sewers. Ms. Corbin again mentioned the ZTA and the 7th Street property, it is said it will be a museum, will have employees, no parking. She mentioned the Hellman project, assumed there will be development agreements, again claiming that the Attorney General pulled back the agreement, it is before the Coastal Commission asking about what Mr. Bartlett said he was not going to do, moving into the wetland property, as part of the development agreement and before the Boeing development the City should make sure it acquires land for a dog run, it is not a good idea to turn the nature reserve into a dog run. Mr. Victor Grgas, Seal Beach, thanked the Council for their action relating to the Zone Text Amendment, apologized to the Council for the insensitivity, attacks and abuse that they have taken for doing a thankless job, this kind of behavior makes the community look terrible in the community of people, all should be ashamed yet this occurs because public debate is encouraged. He again thanked the Council. Ms. Joyce Parque, Seal Beach, reminded that the U. S. Constitution still allows people to talk and debate. She pointed to the action taken relating to the ZTA that still must go through the Planning Commission and which will break every Code, it is not yet known where one of the houses is coming from, and the one will not even have the porch that was wanted. Ms. parque mentioned also that there is the issue of Ruby's, they owe the City money, the intent is to renegotiate with someone who owes the City money, also, Rossmoor could bring in a lot of revenue if they were allowed to renovate as did Marina Pacifica or Los Altos, maybe the City Manager should pay back the City loan. Ms. parque claimed that the City voted to break the Code and gave a special privilege, she would like the same privilege. Ms. Beverly Pierce, 13th Street, said she wished to second the comments of ex-Mayor Grgas, there are many people, like herself, that have lived here for a number of years, own a home, then suddenly come forward and do appreciate the work that the Council does with sometimes very little thanks, this position takes considerable time and energy, it is known that each member is voting his or her conscience on each issue, sometimes the Council agrees with some of the people and sometimes with others, that is the process, and it is appreciated that the Council tries to put principals above the many other issues that go on. Ms. pierce said she understands how complex zoning is, CUP's and ZTA's, it is difficult sometimes to communicate to the community the particulars of why one is or is not doing what they want, there are many who appreciate what the Council does and appreciate that it is done for the people. with regard to staff, it is understood what kind of pressure they are under at meetings as well as the time in between, having 'I I I ."""... ."" ~, 'I-__.~ ;_...,' I I I 4-10-00 been staff in her past she understands how dedicated each member of staff is, understands how staff could go to a private company and make much more money in an equivalent position, the donated time and energy is also appreciated for what staff does in regards to community activities outside paid time, it is certain that everyone who works in City Hall past, present, and future care about this City whether or not they live here. The people who are lucky enough to live here appreciate that it is a good town, there are very active voters and residents, this brings forth participation and new faces, again appreciation and thank you. Mr. Tom Blackman, Seal Beach, congratulated the Council for allowing the ZTA issue to go forward. He mentioned however his concern with the filibustering, as a former member of the Council many late hours were sperit discussing City issues in order to allow people to participate, yet there comes a time when public and Council comments must come to a close and move on with business. Mr. Blackman said he knows for certain that the Councilmembers from Leisure World have in fact voted for things that have benefitted Old Town, the Hill, the College Parks, in turn the other members of the Council have voted for things that benefit Leisure World, this is an entire City, not just little islands by themselves. Mr. Blackman stated again that filibustering in a Council situation is bad, it was said it takes a four-fifths vote to stop debate or discussion, in a situation where there is a mayor that will not call for the vote then business stops, to that he made a comparison to the U. S. Senate that now has a three- fifths vote requirement otherwise on occasion legislation is stopped. He urged the Council to take a serious look at the impasse that was reached at the last meeting and request the City Attorney to prepare an ordinance to propose a three- fifths vote to call for the question so that a vote can be taken for the benefit of the public. Mr. Blackman said to filibuster is not good government and does not fit this City, the name calling and untrue statements have become very bad, and it is hoped that people will stay with the facts. Dr. Rosenman, 8th Street, said he was tired of the filibuster issue, sitting in the audience it appeared that no one knew what they were voting on at the end of last meeting, in his opinion it was an educated decision to postpone the vote, it is not felt necessary to have the City Attorney prepare anything. The Mayor offered that the City Attorney did provide an opinion and there are ways to protect the rights of the minority and the majority. There being no further comments, the Public Comment period was closed. PRESENTATIONS PROCLAMATIONS Councilman Boyd read the Proclamation designating May 13th, 2000 as "Fire Service Recognition Day" and presented same to Chief Don Forsyth, representing the Orange County Fire Authority. Chief Forsyth expressed appreciation for the recognition on behalf of Chief Prather and the Fire Authority, extended an invitation to all to visit a fire station on May 13th and become more aware of public safety. Boyd moved, second by Yost, to approve the Fire Service Recognition Day Proclamation. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried 4-10-00 Mayor Yost read the proclamation designating April 19th, 2000 as "Arbor Day" and moved approval. Councilman Boyd seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried COUNCIL ITEMS I CITY COUNCIL POLICY MANUAL Councilmember Boyd requested the Council to schedule study sessions to determine the scope for a City Council Policy Manual, assemble a sample thereof, and review other cities that have made similar efforts, then schedule the item for a subsequent Council agenda to adopt a Policy Manual and related procedures. Councilman Boyd read his memorandum to Council, noted that unlike the ordinance or resolution process to create public policy the Council Policy Manual fills the void between creating public policy and implementation, a void often left to the sole discretion of the City Manager who has no public accountability, many complaints or concerns of constituents do not necessarily relate to the public policy but rather the implementation thereof, a Manual expresses in quite certain terms the manner in which the City is operated, leaving the administration of policies appropriately in the hands of the City Manager. He explained that a Council Policy Manual will serve as directives of the City Council and be citywide in scope, provide decision making guidelines and operating parameters for City staff, delineate the course of action required for policy implementation, and be limited to one major subject area. Councilman Boyd noted that samples from two manuals had been provided the Council, one a Seal Beach Policy Manual started by a former Manager in the early 1990's that has not been carried forward, the other from the Newport Beach Manual, explained that such Manual does not limit or restrict the authority of the Council to act by ordinance, resolution, agreement, motion or whatever, however it does define how the City Council wants its public policies implemented. Councilman Doane said he was not opposed to the proposal, the Newport manual in particular is quite extensive, to implement something similar may also be expensive, therefore should possibly be held over until the budget sessions. In response, Councilman Boyd stated this is not an expensive process, this would not constitute going through all policies of the City and either adopt, reject or amend at one time, many are already in place, some are merely internal operating memos, the encroachment policy is an example of something that would be in the manual, others would be generated as time goes on and as policy direction is needed, it is said the policies of this City were generated primarily by staff for an understanding by the public of policies in written form, some generated by the Council, the manual is meant to be simple. Mayor Yost asked if this is needs driven, how many small cities have such manual, a concern of his is with the type of government in this community, and countered that the Manager is accountable simply by keeping a majority of the Council happy with his performance, it is not a fair statement to say he does not have public accountability, further, the staff works at the pleasure of the Manager, it is the job of the Council to determine what direction the City is going, it is the responsibility of the Manager to implement that, if staff people are accountable to the Council that would be difficult. He asked again if there is need to spend money and time on this. Councilman Snow I I r"; '"\.,.. 4-10-00 I indicated support for the study session comprised of members of the council, also inquired as to the size of Newport Beach in terms of population. The response of Councilman Boyd was about seventy-five thousand, and noted having asked the City Attorney how many cities he was aware of that have policy manuals, some known to him are Dana Point, Laguna Beach, Laguna Niguel, Laguna Hills, Laguna Woods, Rancho Santa Marguerita, Villa Park. To an inquiry of other attorneys in his firm, the City Attorney reported the response thus far shows Rancho Palos verdes, Big Bear, and Mission Viejo have manuals, Carson, LaHabra Heights, and Barstow do not, there are however about twenty other cities that are yet unknown. The Mayor stated he strongly believes in the delegation of and taking responsibility for ones work, in this case he would not want to restrain the employees to a policy manual of the Council, he would rather have them be creative, take pride, and do the best they can, that requires them to have a certain degree of autonomy. Councilman Boyd responded that this is not an attempt to micro manage, suggested that the policies of Newport Beach should be reviewed, read as examples those relating to places of historical and architectural significance and encroachments, his feeling is that it is important for the public to know the policies and how they are addressed, this strengthens the ability of staff to work with the public. Councilman Doane mentioned that there are ordinances that address such things as encroachments. In response to Council, the Director of Public Works described the research and detail that went into developing the encroachment policy. The Mayor said he would not be opposed to a workshop, yet he would be concerned with anything that would involve changes to the manner in which the City governs itself, to that Councilmember Boyd responded that this is not a change to the way the City governs itself, rather, it is a clear explanation of how the ordinances, resolutions, etc. are applied and enforced, this does not deviate from the form of government. Councilman Boyd also explained a Newport Beach policy relating to sidewalks, curbs, and gutters adopted in 1965 then amended several times to reflect current conditions and to better serve the public. I To a recommendation made, Boyd moved, second by Doane, to hold this matter over pending the seating of the new member of the Council and until after the budget process. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ORDINANCE NUMBER 1459 - NO SMOKING - MUNICIPAL PIER Councilman Boyd stated that after the most recent, third, fire on the Municipal Pier he contacted the City Manager and the Fire Marshall about prohibiting smoking on the pier, that it be posted and punishable by a fine, enforced as any other violation on the pier. Mayor Yost said he would like to expand this to open fires of any kind, he is also concerned with Gum Grove Park. The City Attorney advised that Section 4.2-1 of the existing Code already prohibits any type of fire, with respect to Gum Grove Park that can not be addressed as it is not identified on the agenda but may be added to a future agenda. The Attorney noted a recommendation also that a subsection "c" be added to the ordinance proposed to provide that violation will constitute an infraction as provided by Code Section 1-8(c), as it is only the Police Department and Lifeguards who have misdemeanor powers. Councilman Boyd noted this will also be good for water quality in that people will not be able to 4-10-00 dispose of their smoking devices in the ocean. Councilman Doane predicted objections and suggested the public be alerted. To a question of Councilman Snow, the Police Chief advised it was a report from the Fire Department that cited the probable cause of the recent pier fire as a cigarette butt. Boyd moved, second by Yost, to approve the introduction and first reading of Ordinance Number 1459 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF SEAL BEACH PROHIBITING SMOKING ON THE MUNICIPAL PIER." By unanimous consent, full reading of Ordinance Number 1459 was waived. I AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried CONSENT CALENDAR - ITEMS "F" thru "P" Boyd moved, second by Doane, to approve the recommended action for items on the Consent Calendar as presented, except Items "G, H, and J," removed for separate consideration. F. waived the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. I. Approved the proposal of MuniFinancial, a Willdan Company, for continued Special District Administration of Assessment District Number 94-1 (Surfside Colony) for fiscal year 2000/01. I K. Adopted Ordinance Number 1457 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE, FOR A TWENTY-FIVE (25) YEAR TERM TO CONSTRUCT, LAY, OPERATE, TEST, MAINTAIN, USE, RENEW, REPAIR, REPLACE, MOVE, CHANGE THE SIZE AND NUMBER OF, AND REMOVE OR ABANDON IN PLACE A SYSTEM OF PIPELINES AND APPURTENANCES, FOR THE PURPOSE OF CONDUCTING, TRANSPORTING, CONVEYING AND CARRYING GAS, OIL, PETROLEUM PRODUCTS, WATER, WASTE WATER, AND OTHER SUBSTANCES, ON, ALONG, IN, UNDER AND ACROSS PUBLIC,STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 1457 was waived. L. Adopted Amendment Number 2 to the Master Funding Agreement, C95-99l, with the Orange County Transportation Authority, replacing Exhibit A with a revised list of open projects. I M. Approved the emergency expenditure of funds, in an amount not to exceed $16,000, to repair the Case 621B Loader by Contractors Equipment Company for the beach cleaning operation. 4-10-00 N. Approved the minutes of the March 13, 2000 regular meeting. O. Adopted Resolution Number 4795 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, RECITING THE FACTS OF THE PRIMARY AND SPECIAL MUNICIPAL ELECTIONS HELD IN THE CITY OF SEAL BEACH ON THE 7th DAY OF MARCH, 2000, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS PROVIDED BY LAW." By unanimous consent, full reading of Resolution Number 4795 was waived. I P. Received and filed the staff report relating to the Orange County 2000 Continuum of Care Program, and authorized the Mayor to sign the letters of support on behalf of the City. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR I ITEM "G" - DEMANDS Councilman Boyd made reference to the listing of a Payroll Liability Account in the amount of $77,268.13, and inquired as to what that Account is for. The Administrative Services Director responded that it covers PERS, amounts of employee deposits to local credit unions, and the outside preparation of those checks that need to be prepared along with the payroll. Boyd moved, second by Yost, to approve regular demands numbered 27088 through 27227 in the amount of $162,712.82, payroll demands numbered 7209 through 7353 in the amount of $149,555.22, payroll liability account 9000234 through 9000246 in the amount of $77,268.13, and authorized warrants to be drawn on the Treasury for same. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ITEM "H" - LETTER OF SUPPORT - AB 2748 - PUBLIC BEACH RESTORATION FUNDING Councilmember Campbell corrected two typographical errors in the letter of support. Campbell moved, second by Yost, to authorize the Mayor to sign the letter of support for AB 2748 (Bates) funding for Public Beach Restoration. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I ITEM "J" - SCAOMD PROPOSED RULE 1191 - CLEAN ON-ROAD LIGHT-/ MEDIUM-DUTY PUBLIC FLEET VEHICLES - COMMENT LETTER Councilmember Campbell corrected a typographical error in the second paragraph of the comment letter. Boyd moved, second by Yost, to receive and filed the staff report, authorize the Mayor to sign the comment letter on behalf of the City, and instructed staff to forward this item to the Environmental Quality Control Board for information purposes. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried ORDINANCE NUMBER 1458 - DOGS IN CERTAIN PARKS The Director of Recreation and Parks reported that the City 4-10-00 recently sponsored two town hall meetings relating to dogs in Gum Grove Park, additionally the public had the opportunity for testimony at the March 1st Parks and Recreation Commission meeting, many issues were discussed during all three meetings. She noted that a majority of those in attendance were residents who currently walk their dogs in Gum Grove Park, many walk their dogs off leash and would like to continue to do so, there were also those in attendance that feel a dog presence in the Park is inappropriate, there were those as well that felt dogs should be under the control of their owners at all times as there were reports of adults and children being jumped on or frightened by unfamiliar dogs rushing up to greet them. Following public input on March 1st, the Commission delayed their vote for a period of one meeting to further research the issue, during that time the Commissioners visited Gum Grove as well as other local parks, spoke with many park users, and at the March 29th meeting it was determined that leashed dogs should be allowed in Gum Grove park as well as the Electric Greenbelt and Arbor Park. The Director pointed out that the Commission further advised that dog owners must be held responsible for any waste left behind by their animal, if observed being negligent in that regard, a fine, similar to that of a dog off leash, should be imposed. She reported the Commission suggested that the City provide signage, and should the Council approve this recommendation the Recreation and Parks Department will work with the Gum Grove group to develop adequate signage for Gum Grove, as well as provide additional trash cans and doggie dispenser stations at each of the recommended sites. I Councilmember Campbell stated that upon seeing the inclusion of Arbor Park she contacted her Commissioner who indicated surprise that it was included as that was not the intent. Councilmember Campbell requested that Arbor Park be deleted, it is quite different from Gum Grove in that it is open and flat with soccer fields, baseball diamond, and a picnic area, there is currently a Code enforcement problem in the vicinity, Arbor Park is leased from the Armed Forces Reserve Center which puts the Park in Los Alamitos, the Seal Beach Police Department will cruise the Park, they have citing authority, yet if there is an animal issue that necessitates calling the Orange County Animal Control. She noted that there have been Code enforcement problems where people have walked their dogs in Arbor Park and let them off leash, at one time there was a dog obedience class whereby the County had to be called to enforce the no dog ordinance, there are a number of people who walk their dogs around the West Ed building on and off leash, West Ed does not object because it is a security issue with them, Arbor park'is behind the West Ed building. Councilmember Campbell said of concern is that Arbor Park is used by many people, not necessarily from the area, there are soccer team practices for children within the School District, people from outside the area, problems from time to time when the Park is not taken care of, if dogs are allowed on leash the concern is that the owners do not pick up after them, all of the Parks have school bus stops, dogs are walked around the perimeter of the parks, Heather Park is an example, the result is problems. Councilmember Campbell again stated that Arbor Park must be deleted. Councilmember Boyd suggested that at the appropriate time there be a motion to delete Arbor Park from the proposed ordinance. The Recreation and Parks Director clarified that animals in Heather Park would never be considered, that Arbor Park was included because it is so isolated, and agreed that it could be removed from the recommendation, and it was found that Gum I I 4-10-00 I Grove Park is a safer place by encouraging people to walk with their dogs, people are no longer frightened, Arbor was included as an attempt to be fair to dog walkers in all areas of the community. Councilmember Campbell noted that the hearing notice before the Commission identified only Gum Grove Park, had it been known that Arbor was being considered the people would have been in attendance, also, people can walk their dogs all around the West Ed building. Councilman Snow asked if there is an area where dogs can be walked without leash. The Director responded that that had been discussed, the majority of people said they did not want a dog park nor is there anywhere in the City where it was felt it would be appropriate. Mayor Yost mentioned that the public meetings were well attended as well as emotional, also, in walking his district he found that this was one of the most important issues, whether it be one side or the other, some frightened by animals being in the Gum Grove, demanding that the Park be regained, others supporting the rights of their pets as a member of their family. Councilmember Campbell noted that she has Siberian Huskies, they like to run but they use her own yard as she would never let them use the yard of another or run loose, they are large dogs and can be intimidating, however the rights of others need to be respected. I Mr. Reg Clewley, Seal Beach, stated it was announced at the March 29th Parks and Recreation Commission meeting that this matter would be properly noticed, which it has not been, and that this matter would be considered at a public hearing at the second meeting in April, that is two weeks from now. Mr. Clewley spoke to Council Resolution 4562 adopted in September, 1997, specifically with regard to the dedication to the City of Gum Grove Park as a nature park as part of the Hellman Specific Plan, to that he said now there will not be a nature park, rather a dog park. Ms. Sue Corbin, Seal Beach, expressed her opinion that an area for dogs is needed, it is important for the shelter, a dog walk, birds and butterflies in Gum Grove are being disturbed, that Park is part of a flyway, people want the Gum Grove preserved, people do not understand that they may be destroying an endangered species, when considering development agreements for Hellman or for Boeing, space needs to be found for family dogs but it can not be in Gum Grove Park, recollection is that as part of the Hellman approvals Gum Grove was to be open, but the State agencies have not been contacted, the proposed ordinance is premature. Mr. Dave Bartlett, representing Hellman properties, reported that a protocol burrowing owl survey was completed about thirty days ago and determined there were no burrowing owls located on the property, noted that a burrow was discovered a couple of years ago however that was on the oil production property. Mr. Bartlett stated that Hellman will stand behind the consensus of the Commission and Council on this issue, from a personal standpoint offered that he and his daughter had been frightened by two dogs in the Park, taking a proactive approach by imposing the leash requirement is a start, and agreed that there needs to be enforcement of the need to clean up after ones pets. Mr. Mario Voce, Seal Beach, said he is with the Gum Grove Park Group, that he, as well as many others, did not know until this afternoon that this issue was going to be subject to discussion at this meeting as people had been informed that this would not be on the agenda until the last of April at the earliest. Mr. Voce expressed his opinion that the ordinance should not be acted upon so quickly, it should have further study, his feeling is that dogs running loose or even a large number of dogs on I 4-10-00 leashes is inappropriate in Gum Grove for many reasons, stated he is not a wildlife expert but knows people who are and it may be prudent of the Council to consider more opinions on the natural aspects of Gum Grove before moving forward, of course dogs on leashes is a move in the right direction, he cautioned however that adoption of this ordinance may only be a temporary measure as there are freshwater wetlands delineated right up to the fenceline, he was actually with the biologist when that was done, it is known that the freshwater wetlands were compromised at one point in time when blacktop from a resurfacing project was ground and placed in the Gum Grove as an emergency vehicle road substitute but without permit. When dealing with Gum Grove there are issues that involve State and federal law at some point, definitely wildlife issues, and if opinions are not sought from people who know about wildlife, not just think they know, the Gum Grove is being cut short in that aspect. Mr. Voce stated again his objection to dogs in Gum Grove, especially with fresh water wetlands, in fact there should be a fifty foot buffer against the intrusion of domestic animals of any sort, thus when wetland restoration commences everything will have to change again. councilman Snow inquired if there had been discussion of children and _ dogs being allowed in Gum Grove on separate days or times of day, to that the Director responded that that had in fact been a consideration. Mr. Matt Jones, Seal Beach, also confirmed that the separate days or hours had been one of the things discussed at the informative public meetings, he also pointed out that the notice of the meeting was posted at the entry to and within Gum Grove Park for a couple of meetings. Mr. Jones said he is not an animal expert however a dog owner, he and his wife visit Gum Grove Park twice a day, they are familiar with those who walk in the Park, all responsible dog owners, some like them leashed and some people like their dogs to run free, it is understood there is a history of dogs being on this property prior to the fence being there, in fact the bail was relieved for a citation received by the architect Mr. Powers because of the dog history. Mr. Jones confirmed too that there is no interest whatsoever in having a dog park, in fact it is felt that the people who have brought this issue to Council are those who are not using the Park so much but are concerned with barking dogs on neighboring properties that back up to Gum Grove Park, and it is they that can be thanked when the Council takes action on this because it has been in the press so much that people from outside can now be seen in the Park which was thought to be a well kept secret. He stated that everyone is concerned about the health of the Park, the Park is pristine, there are no droppings, anyone is welcome to join them in the mornings, if droppings are found they willingly pick them up, people on their own have actually hooked disposal bags to the fence at the entrance to the fire gate. Mr. Jones advised that unfortunately there has been the death of two owls, not burrowing owls, one was shot with a pellet gun, the second was killed as a result of people in the Park, there are people on mountain bikes that are constantly regrooming the Park, in thinking of the health of the Park that may be something the City might consider to get under control, there have been two fires in recent months that the dog walking people have been able to timely report, the issue of leashes versus no leashes, most people know that dogs are not allowed in a dog park with a leash which creates an aggression problem. Mr. Jones welcomed all to come to the beautiful Park 'and walk their dogs, said that their walking group has not witnessed dog aggressions, in fact some people jog in Gum I I I ..-...... 4-10-00 I Grove because of the presence of the dogs. Ms~ Jane McCloud, Balboa Drive, stated that one of her concerns is that she did not want to suddenly see signs posted at Gum Grove stating that dogs are now welcome, especially if dogs were not going to be welcome in other areas of the City, that could be why discussion expanded to the Greenbelt and somewhere in College Park East, her hope is that Gum Grove does not suddenly' become a dog park, it is still Gum Grove Nature Park, first and foremost. She said in her many years of residency there have always been dogs, but in more recent years it seems dogs have been more prominent in the Gum Grove because there is no longer access to the entire Hellman Ranch where in the past people went through the Gum Grove on wonderful trails to get onto the Ranch. Ms. McCloud expressed her feeling that there needs to be a place in the area of College Park East that is safe and dogs are allowed, that needs to be included, but again, she does not want to see welcome signs for dogs at Gum Grove or on the Greenbelt, rather, there should be scoopers and proper etiquette, where dogs are allowed people are very safe at the same time, she appreciates the fact that Gum Grove is frequented by people with their pets, and always has, it is just more crowded recently because of the fencing. She said she has mixed feelings because she does want the wildlife to be predominant, and if there is going to be dogs, bags, leashes, etc. then possibly some professional help should be sought to look at the wildlife, if everything stays the same it is probably okay, it has been fairly consistent, the only thing there is not much of any more is the foxes because they have been eliminated to across the road, there are still coyotes. Ms. Sally Hirsch, Crestview Avenue, said for years she ran Gum Grove long before it was fenced, she did not see dogs and she was not afraid, yet she is afraid of unsupervised dogs, a secluded area with dogs off-leash and not under control, and now she rarely uses the Park. Ms. Carolyn Gaw, Catalina Avenue, expressed her belief that Gum Grove park has actually become a safer place because of the presence of dogs, for years adults did not use the Park and did not allow their children there unless they were in groups because the Park was not felt to be safe, in recent years more adults are walking their pets, frequenting the Park, and are conscience of the surroundings. Ms. Gaw stated however that she feels there needs to be more overseeing of what is happening in the Park, there is considerable digging around the roots of the trees, the terrain is being changed, some of that is from the bicycling and activities of the children, they need to be able to play there but also need to know how to treat the Gum Grove. She confirmed that the dog walkers do pick up after their animals as well as the public in general, it is likely cleaner than ever. Ms. Gaw offered that in a city people are more confined and they need places to walk and run and take their animals out, Gum Grove is a place where people can enjoy themselves, and there should not be so many rules that may.deter that. Ms. McCloud stated that one issue of great concern is the destruction of the trails and downing of trees, some children even used hatchets to down tall trees, using the trunks for bicycle jumps, the narrow trails have been made extremely wide, this is the result of children, 'not dogs, and the Gum Grove Group is very concerned. Ms. Shelly Sustarsic, College Park East, with regard to Arbor Park, her belief is that the intent was to look at larger parks in the City, it is understood however that there is a problem with animal services enforcement in that Arbor Park lies within the boundaries of Los Alamitos, in talking to people it is understood that there is sufficient off-park property areas where people walk their I I 4-10-00 dogs, therefore possibly Arbor Park should not be included in this ordinance. Mayor Yost inquired why this was not a public hearing, and the reason it was not scheduled for the second meeting in April as had been announced. The City Attorney responded that for the most part the only ordinances that require a public hearing relate to zoning, for others the only notice requirement is that they be identified on the posted agenda. The Recreation Director confirmed that she had anticipated this item being before the Council at the second meeting of April, there was considerable testimony at the three previous meetings, all of the notes and minutes of those sessions provided to the Council, and a number of the participants are present at this meeting. Councilmember Campbell inquired if dogs are currently allowed in Gum Grove on or off leash, are there currently signs posted prohibiting dogs, and what occurs if this ordinance is not adopted. To that the Director responded that dogs do frequent the Park and enforcement is on a complaint basis, there may be one old sign remaining, and should the ordinance not be approved the issue will remain as it now exists. To the assumption of Councilmember Campbell that this ordinance would then allow dogs but only on leash, the Director concurred, to the inquiry as to the consensus of those at the meetings, the Director responded that the majority of people that attended the meetings were those who walk their dogs in Gum Grove and would like to continue to do so without leash, the ordinance reflects the feelings of a number of people who no longer utilize the Park because of their fear of unleashed dogs. Councilman Boyd indicated support of the ordinance, dogs have been prohibited on the Greenbelt and in Gum Grove for a considerably long time, this says the City likes its animals, there has been a commitment for local animal control, there will be bags provided for pick up, if there are dog droppings that are not picked up or a dog off leash there should be no warnings, no turning the other way, a citation should be issued, if adopted the laws need to be enforced. I I Councilmember Campbell moved to approve the introduction and first reading of Ordinance Number 1458 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 4, SECTION 4-8.1 OF THE SEAL BEACH MUNICIPAL CODE, TO MODIFY DOGS AND OTHER ANIMALS NOT ALLOWED" as amended to allow dogs, on leash, in Gum Grove Park and the Electric Avenue Greenbelt and delete the reference to Arbor Park. Councilman Boyd seconded the motion. The Mayor noted that everyone will not be pleased but this is a good compromise, he would support trying this. AYES: NOES: ABSTAIN: Boyd, Campbell, Doane, Yost None Snow Motion carried STATUS REPORT - DWP PROPERTY 1 BIXBY PROPERTY 1 BOEING PROPERTY 1 TREE FOUNDATION 1 MAIN STREET BUSINESS RETENTION I DWP PROPERTY The City Manager announced that the Los Angeles Department of Water and Power has approved the sale of their ten acre site to a local investment group, once approved by the DWP Board of Commissioners the sale would then need to be ratified by the Los Angeles City Council. He explained that this is the site off First Street between Ocean Avenue and Marina Drive, in the mid-1980's the Council had designated this site for a 4-10-00 I three hundred room hotel in the form of a Specific Plan based upon a citizen committee recommendation, that came about through a process of evaluating options for maximizing open space and parkland at this ten acre site, at that time the committee determined that the economics of a hotel could provide seventy percent of the site as open space, the Specific Plan pre-zoned this site for these purposes. The DWP failed to act on the Specific Plan over the following ten year period, then in 1995 when they decided to take action and sell the property for a hotel the Seal Beach City Council responded by determining that conditions have changed over the ten year period and that the plan for the property should be looked at again, the citizens committee was reconvened and determined to reduce the size of the hotel to one hundred fifty units however it remains that only thirty percent of the property can be developed and seventy percent will remain passive open space. He noted that at that time attorneys for theDWP protested that the change was unreasonable and threatened to file suit, however testimony from the public, echoed by the Council, suggested that DWP focus on quality rather than quantity, and DWP eventually acquiesced. The Manager mentioned that a residential project is now being advocated by some in the community, an informal opinion has been received from the Coastal Commission staff that they would take the position that this would be in conflict with the Coastal Act provisions for visitor serving commercial uses within the Coastal Zone, that is not an official position until such time as the Commission itself takes such action. To the question if this opinion was in writing, the Manager responded that the suggestion of Commission staff was that they would provide their response in writing if requested, as yet the City has not made such request. The Manager mentioned that there has been a request as well that the City advocate for a public purchase the ten acres most likely by competing for park and water bond financing, the bonds approved by the voters at the March election. He noted that the Council has not formally discussed this matter, nor has the DWP announced any upcoming hearing date for the sale of the property, the City was advised that a purchase and sale agreement is still in negotiation. I I Councilman Boyd reminded that the City has a standing DWP Committee, his suggestion would be to convene that Committee with the City Council for a study session within a period of thirty to sixty days, that for the purpose of reviewing past actions, hear new ideas, and if desired set the item for formal discussion of acquisition of the property on a future agenda. The Mayor said his preference would be for the Council to support going forward to seek acquisition of the site for open space now. In response to a question of Council, the City Attorney advised that a motion could be made to direct staff to take whatever steps necessary to try to preserve the property for open space, including seeking funding. Mayor Yost moved a motion as framed by the City Attorney, and Councilman Boyd seconded the motion. AYES: NOES: ABSTAIN: Boyd, Snow, Yost Doane Campbell Motion carried The City Attorney clarified that the motion is to direct staff to pursue public funding. The City Manager said it may be helpful to have a priority setting session at some point, this may also come up at 4-10-00 budget time as there is somewhat of a time concern for staff to do special projects and grants that are being pursued, it may be worthwhile to review the strategy for being successful. BIXBY TOWNE CENTER The Manager reported that representatives for Target Stores have submitted their plans and plan check fees totaling more than $31,000, they expect to commence construction with the final grading plan this spring with an estimated opening in May, 2001. The Conditional Use Permit for Country Suites by Ayres is scheduled to be heard by the Planning Commission on May 3rd, and the Islands Restaurant CUP is anticipated to be heard on May 17th. He reported that staff has been meeting regularly with Bixby representatives and Kitchell, the development company, with regard to on- and off-site improvements, trees and grass are currently being planted along Lampson Avenue that will buffer the new public/private driving range, additional site improvements are being reviewed including provisions for widening Seal Beach Boulevard and the design of the bikepath in the one hundred foot landscaped setback at Lampson and the Boulevard, there are discussions of making an entry statement into the College Park East neighborhood area with a monument sign and hundred foot plus landscape setback, discussions focusing on the type of berm treatment to have a lush and attractive effect. With regard to the bike path, originally it was proposed to be the conventional concrete path because of being so close to the eucalyptus trees, seventy percent of which will be saved and only those that need to be cut to provide for driveways into the Center will be removed, the path has also been looked at to be constructed of a composite granite type semi-pervious surface yet that too has some problems, an asphalt type lane is also being explored that would be ideal for bicycles and still be flexible enough for the tree roots. Improvements to the tennis club site are being re-examined by the Neighborhood Advisory Committee, their recommendations and those of the Parks and Recreation Commission will be provided to the Council within the next couple of months so that this can go forwarded with plans and specs and request for bids as soon as possible once Bixby deeds the property to the City. Also, the Police Department and representatives of the Cable TV Foundation will be meeting with the Bixby architect possibly as soon as next week to review preliminary design concepts for the new police substation and TV production studio. The Manager mentioned that the corner of Lampson and Seal Beach Boulevard was initially designated for the Marriott Senior Care Facility, the Ayres hotel, and a restaurant, however the developer is considering another commercial use because Islands Restaurant will most likely not utilize the entire restaurant square footage as was contemplated, however it is the feeling of staff that it was not the intent of the development agreement to have a different commercial use, that issue will be discussed with Bixby and the developer, as it is believed the intent of Council was to allow a certain amount of restaurant square footage, it may result in two smaller restaurants. With regard to the status of Marriott Breiton Gardens, the Manager explained their project is anticipated, it is merely an issue of timing. Councilman Boyd said the understanding then is that Target has come in for building permits, country Suites Inn and Islands is moving forward, the remainder is on-site and off-site at this point, that was confirmed to be correct. It was the consensus of Council to receive and file the Bixby status report. I I I 4-10-00 I DEPARTMENT OF WATER and POWER - continued With regard to the motion relating to the Department of Water and Power property, that staff be directed to take whatever steps necessary to try to preserve the property for open space, including seeking funding, Councilmember Campbell, with the consensus of the Council corrected her vote to be reflected as follows: AYES: NOES: Boyd, Snow, Yost Campbell, Doane Motion carried I BOEING PROPERTY The Manager reported that a consultant retained by Boeing Company has prepared a site plan designating seven lots ranging from four to eight acres, total of forty-five acres, and a new roadway through the interior of the property connecting Westminster Avenue and Seal Beach Boulevard, this an access to a contemplated future research and development business park, the area is currently zoned light manufacturing. He said Boeing has informed the City that this property does not fit into their immediate business plans and are seeking City approval to prepare site plans, their intent is said to place the property on the market once the site plan is completed, a media release indicated an anticipated widespread interest in a light industrial research and development business park, evidently those uses are in demand in the area, from the standpoint of the City that would seem to be the mostly likely land use plan in that Boeing is somewhat of an anchor to that type of business park. The Manager said no specific tenants have been identified at this point, the process is basically straight forward given Boeing's intent to prepare site plans before prospective buyers or tenants come before the City. He noted that Boeing has requested a staff review before the Planning Commission, at this point the road configuration seems to be acceptable as proposed, however the City may require that the roadway be secured pending sale of the property. The Manager mentioned that the City has become aware that a couple of big box users have indicated interest in the Seal Beach vicinity in general, specifically Costco and Home Depot, they have made contact with Boeing and a telephone inquiry was received by the City from a real estate broker, that would only come after Planning Commission and Council review of the site plan, also, Boeing has been advised of potential difficulties the could arise with a request for zone change from the current light manufacturing designation. The Mayor concurred with the potential high tech use of that property, a valuable resource for the community with relatively low impact. It was the consensus of Council to receive and file the status report. I TREES FOR SEAL BEACH FOUNDATION The Manager reported this non-profit organization is newly formed to raise private funds to beautify the City with landscape improvements, the initial focus being on Ocean Avenue, the group has pledged a minimum of $50,000 toward an Ocean Avenue tree planting program, with a goal to expand onto Main Street and eventually planting more trees citywide. He mentioned that there has been some concern expressed with the foundation's initial design concepts involving possible changes to the street and parkways, a concept is the possibility of mixing bulb-out landscape areas with different types of trees and landscape, of concern has been how extensive that might be, the cost, blockage of views,' creation of traffic problems, including bicyclists, it is 4-10-00 understood the foundation has a committee that meets weekly and at present are having discussions with residents of Ocean Avenue to resolve issues. The Manager reported the foundation has already dedicated $15,000 toward design and engineering work with the City covering half the cost for that portion from 1st Street to Main and about three quarters of the cost for Main to Electric. He said addressing the drainage, curb and gutter problems in this area is long overdue, that is a City responsibility, and with the neighborhood group donating private monies to beautify the City, the City in turn initiated the drainage study and preliminary designs that will be necessary at such time as there are sufficient funds to commence the work, also, any significant recommendations by the foundation that involve changes to street width or design would first require presentation to the affected neighborhood, then to Council for final consideration. By unanimous consent, Council received and filed the status report. I MAIN STREET BUSINESS RETENTION The Manager made reference to a recent meeting with the Chamber and Business Association where local business owners indicated concern that some of the businesses are having difficulties even in these times of a strong economy, particularly the smaller shops where they are dependent upon the local trade as opposed to those tourist oriented. The intent of the Main Street Specific Plan was that the downtown be a mix as it is now, resident serving with some visitor serving commercial, that requires community support by shopping Main Street, there have been several ideas discussed, one will be to produce a public service announcement to encourage residents to 'shop Main Street if you want it to stay the way it is' to be shown on Seal Beach Channel 3 and possibly channels that show local paid commercials as public service announcements. The Manager said the idea is to encourage shopping Main Street at least once a week, the Council will be provided a preview prior to airing. I It was the order of the Chair, with consent of the Council, to declare a recess at 9:33 p.m. The Council reconvened at 9:45 p.m. with the Mayor calling the meeting to order. RUBY'S RESTAURANT AGREEMENT - STATUS REPORT Mayor Yost reported that a confidential request has been received from Ruby's calling for negotiations, that will be a matter of discussion in Closed Session. The City Manager presented the staff report, explaining that following a fire that closed the pier for an extended period, in 1995 the City determined to not resume the tram service from the base of the pier to Ruby's Restaurant, this primarily due to liability concerns in that approximately $85,000 in claim settlements had been paid in an eighteen month period prior to the closing of the pier. Given the fact that the contract between Ruby's and the City required the provision of tram service, in 1995 Ruby's demanded that it be reinstated, when the City declined due to the concern with liability Ruby's ceased paying a portion of the rent, more specifically they paid only the base rent of $38,000 but ceased paying the additional six percent of gross, that was an average loss of income to the City of approximately $40,000 per year, that amount an approximate equal to the cost of operating the tram, not taking into account liability expenses, and in that respect the City realizes no net loss in income. The Manager stated that since 1995 efforts continued to find an optimal I 4-10-00 I solution for both parties, there were negotiations centered on a possible floor area expansion with Ruby's assuming the costs of new restrooms and resuming payment of the rent overage, the Council determined this was not acceptable, negotiations also focused on an extension of the contract which is due to expire in 2002 in return for resumption of rent overage payments and other considerations, this too reached impasse. He offered that with both parties suggesting legal action for breach of contract the Council determined to invite new restaurant proprietors to submit bids beginning mid-2000 and allow the contract with Ruby's to expire, however Ruby's retains a right of first refusal and may on its own renew its contract by meeting the terms of any other bidder. The Manager noted a scheduled closed session to discuss specifics of terms and conditions of agreement. The Mayor noted that a member of the public requested other legal opinions as to whether the City should be suing Ruby's, were willing to pay for one of them, however were not willing to hold the City harmless or absorb any costs of liability nor litigate the case, therefore if the determination was to litigate the firm of the City Attorney would have assumed that litigation based upon the advice of another attorney, which made no sense. Mayor Yost said the prior Council made a good decision when they determined to make no decision at that time given the liability of the tram, another type of tram has been discussed, possibly a golf cart, yet the language of the contract specifies quite clearly the type of tram it is to be, at one time a tram on Main Street was discussed which included the pier and Ruby's with shared expenses and liability with the Business Association yet that is no longer an option either, the prime problem with the tram is the liability, $85,000 paid in liability claims, it is true that Ruby's owe the City money however if the overage had been paid that money would have been put into running the tram, the people who are advocating litigation say they have to prove damages where in fact they did not have a decrease in business because of not having the tram, it actually seems to be running at capacity. Councilmember Campbell countered that the provisions of the agreement were actually not specific, the golf cart was suggested because it met the terms of the contract allowing the driver and movement of three people. The City Attorney said from memory it is believed to have said a people mover or similar vehicle. Councilmember Campbell stated it did not specify the number of people. The Mayor said he felt it was clear, the cart would have been an option but not according to the opinion given, in addition to the wear and tear on the wooden pier are the repairs needed as a result of the tram in that the pier needs to be maintained to a certain standard. The Manager added the issue of aesthetics with having vehicles on the pier. Councilman Boyd said in his opinion the issue of the tram and the lease are separate issues in terms of gross receipts, there is nothing that ties gross receipts to the operation of the tram, it was the election of Ruby's to stop paying the gross receipts, and to make matters worse the City can not fully calculate its damages other than what there has been historically because they stopped providing gross receipts that they are required to do by law. He stated this is a partnership between the City and Ruby's, the City built them a fully fixturized, outfitted restaurant, they lease the restaurant, they do not own it, in 2002 someone else can take over the site or terms can be reached now. He pointed out that in 1984 the people chose Ruby's because they met what the people wanted and they chose Seal Beach because the City offered a business opportunity for them, now it is a partner I I 4-10-00 saying they are not going to report what they are making because one thing relating to the business is not liked. Councilman Boyd offered his opinion that there are a number of people upset with this issue, the tram is a completely different issue from the paying of gross receipts, for anyone going to the restaurant it is an hour wait at least, and from his experience this past weekend he saw no one he knew from Seal Beach, it is a draw from outside the City, this is now a chain of twenty-seven restaurants where it used to be two, he is not saying get rid of Ruby's but it is a partnership and everything should be done evenly. Councilmember Campbell inquired as to what is involved to get tax receipt information for Ruby's on what they have not paid during the period of non-payment of receipts. The Administrative Services Director offered to contact the State Board of Equalization to request that information. Councilman Boyd said again that the City has been damaged and that can be shown by the lack of payment of the overage rent, Ruby's needs to prove that they would have had more business if a tram existed, this can be made part of the negotiation process. with regard to the tram issue, the City Attorney quoted the Ruby's agreement that reads 'the City shall operate and keep in good order and repair the people mover system as it now exists or hereafter may be remodeled or replaced.' It was the consensus of the Council to receive and file the status report. I CITY ATTORNEY REPORT The City Attorney provided a status report of the Bixby litigation, the City is in the briefing schedule, the appellants, Los Alamitos, the Rossmoor Business Center, and Rossmoor Homeowners Association have filed a brief, Bixby has replied, the City is in the process of completing its revised brief, Los Alamitos will have the opportunity to reply to the City's reply, and then move forward for an early hearing date on the matter. Councilman Boyd clarified that any legal fees incurred by the City are paid for by the Bixby Ranch Company. I CITY MANAGER REPORT The City Manager provided a status report on the Hellman Ranch which he read in full. As to background he mentioned that the project approved by the Council and the Coastal Commission was effectively overturned by an appeals court case in the San Diego area which, although filed against a different development project, had a direct impact on Hellman Ranch, resulting in the withdrawal of the project which would have permitted an eighteen hole golf course, seventy houses, a five acre commercial center on Pacific Coast Highway, dedication of Gum Grove Park, and a forty acre wetland restoration paid for by the Hellman Ranch project developer. Since then the property owner has entered into a settlement agreement that would allow the seventy houses to be built with one hundred acres of degraded wetlands and grasslands to be deed restricted as open space, the golf course and commercial component have been abandoned along with the investment of private funds for restoration of wetlands, that the reason for pursuing park and water bond monies and any other available sources, however the Gum Grove Park dedication and improvement monies, a contribution to median landscape improvements on Seal Beach Boulevard and other negotiated amenities remain part of the project. With regard to wetland restoration, staff has been working closely with a grant writing consultant and Hellman properties to compete for a large sum of funding soon available from the recently approved State Park and Water Bonds, the California Coastal I .~ ,- ...., 'i,.,t_" 4-10-00 I Conservancy recently added Hellman Ranch to a list of priority projects for wetland restoration funding, the focus is on a cooperative approach involving the landowner, a conservancy or land trust, with the City as a co-sponsor of a restoration project, current efforts are aimed at determining what additional technical information the Conservancy and other grant authorities need to evaluate the City's request for funds, evaluated against all of the other requests statewide, and legislative advocacy will also be important. He pointed out that past efforts at wetlands restoration funding failed due to lack of public and private sources, now the passage of the Park and Water Bonds provide opportunities never before present. The Manager provided a diagram of the Coastal Commission required new entrance to an expanded Gum Grove Park along with a parking lot with ten spaces just off Seal Beach Boulevard and approximately one hundred fifty feet from the rear property lines of some Crestview Avenue homes, also, the executive director of the Coastal Commission would have the sole authority over a signage plan along the Boulevard and Pacific Coast Highway directing the public to Gum Grove Park on a regional basis. He reported that the City strongly objected to the new parking lot and entrance off the Boulevard, it seems to be the objective of the Commission to redefine the nature of Gum Grove Park from a passive community nature reserve into a regional attraction, the position of the City however has remained that the Park is too small to accommodate regional needs, there are security concerns as well associated with new access points to trails adjacent to homes that cannot be adequately patrolled, it is also inappropriate to establish a regional facility for severely degraded wetlands property, however when a viable restoration project can be put in place for a true nature preserve and community asset the regional issue could be taken up at that time. The Manager noted that diagrams of the Hellman project, including the Coastal Commission proposed park access and parking lot location, remain on display in the City Hall, the settlement agreement has been approved by all parties to the legal action, and the Hellman Ranch project, as modified, is anticipated to be heard by the Coastal Commission in June with regard to the seventy homes, at that time any interested party can speak to the project as it now exists. The Council received and filed the status report. I I The Manager provided the Council with copies of a letter from Link Housing, one of the non-profit organizations to pursue the purchase of the Trailer Park, and read an excerpt therefrom relating to efforts to expedite negotiations and give the project the best chance for success. He noted that at this point Link Housing with Westridge Properties, the firm of Mr. George Turk, will be negotiating the purchase of the property from the Park owner, Richard Hall and Associates. with regard to costs, the Manager recalled the action of the Agency authorizing $20,000 for due diligence, they have been advised of that action, the remainder of costs would be folded into the bond issue necessary for the non- profit to purchase the Park on behalf of the residents. The Manager reported the Public Works Director/City Engineer recently represented the City at the California Coastal Coalition Beach and Wetlands Recovery Forum in Sacramento, a breakfast meeting with legislators, organizations, and elected officials relating to issues of importance to coastal areas, it was felt important that the City be represented, there will be further discussions, and it is believed the City has a good chance of receiving on-going State funding 4-10-00 for shoreline protection. COUNCIL COMMENTS Councilman Snow noted that he will be leaving his Council position in May after 'fifteen months of service. He mentioned having recently read a local editorial accusing Mayor Yost, Councilman Doane, and himself of taking the most idiotic vote ever seen, which related to the two percent salary increase for the City Manager, an opinion which he did not agree as he has respect for the Manager and what he has done, the author must have listened to the speakers at the every other Monday meetings which, to him, are irritating, and the editorial ends with a negative rather than the good things that have been done for the community. Councilmember Campbell mentioned having seen several articles in recent days about using wasps to save the red gum eucalyptus, reportedly Dana Point has a serious infestation of their eucalyptus trees , SanJuan Capistrano is beginning to use pesticides in an attempt to save their trees. These eucalyptus trees are imported from Australia and the lerp psyllid pest has no natural enemy in this country, that is why the importing of these particular wasps. Councilmember Campbell asked if there would be a way to get the wasps here as the windrow on Seal Beach Boulevard is seriously infected and if something is not done the entire windrow will be lost, her impression was that other critical sites in Orange County were being sought, which this windrow is. Staff requested copies of the news articles, inquiry could be made of the State Department of Agriculture to see what stage of treatment they are at. Councilmember Campbell expressed appreciation for the trimming of shrubs on the north side of Lampson between Heather and Arbor Park that were overgrown, that was a concern from a security standpoint for children. with regard to the Bixby project, Councilmember Campbell inquired if a second restaurant is being considered in addition to Islands. The Director of Development Services explained that the EIR approved a maximum of fifteen thousand square feet of restaurant building area, it is understood Islands will only be about six thousand square feet, so there would be about nine thousand square feet of restaurant area that is allowable under the EIR and the parcel map. Councilmember Campbell suggested that the City not pursue another restaurant for as long as possible to allow the open space to remain, the response was that such issues will be discussed. Councilman Boyd recalled a comment from the last meeting that the City is not in the real estate business, but it is, his request would be that after the budget process the staff prepare for a Council agenda an accounting of the City's real estate assets, parks, fire stations, community buildings, etc., possibly include any comments of staff, and maybe some areas should be looked at in terms of the capital improvement projects budget. Mayor Yost commended the beauty of the Jack Haley memorial service for which the family and City can feel proud. He too made comments relating to the newspaper that Councilman Snow had made reference. With regard to filibusters and the like, Mayor Yost said the rights of the majority and the rights of the minority are always in flux and always in balance and protected under the current rules, Council discussion is limited to fifteen minutes, called by point of order, there is no need to adopt an ordinance that would run over the rights of the minority, the best is being done to protect the rights of both, and he personally does not feel good about how the last meeting ended. I I I 4-10-00 / 4-24-00 I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session,pursuant to Government Code Section 54956.8 to confer with the City's real property negotiator with regard to Ruby's Restaurant. By unanimous consent, the Council adjourned to Closed Session at 10:21 p.m. and reconvened at 10:48 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the Council had discussed the item identified on the agenda, no action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at lO:49 p.m. o ex-of cio clerk Seal Beach Approved: ~ AUe"b c;},~~~ I Seal Beach, California April 24, 2000 The City Council of the City of Seal Beach met in regular session at 7:03 with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow Absent: None I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Chief Cushman, Lifeguard Department Ms. Beard, Director of Recreation and Parks Ms. King, Director of Administrative Services. Mr. Dancs, Assistant City Engineer Ms. Yeo, City Clerk APPROVAL OF AGENDA Mayor Yost requested that Item "H" be removed from the Consent Calendar for separate consideration, Councilmember Campbell requested Items "D" and "J" removed, and members of