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HomeMy WebLinkAboutCC Min 2000-10-09 9-25-00 / 10-9-00 to meet in Closed Session. By unanimous consent, the meeting was adjourned at 10:53 p.m. () clerk I APproved:~CJAi~b ()~1dI Mayorl MC.", 9~~)!h( UA City Clerkl Seal Beach, California October 9, 2000 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Doane, Yost I Councilmembers Boyd and Larson were present in the Conference Room pending the Closed Session. Absent: None Also present: Mr. McIntyre, Interim City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk The City Attorney advised that the public should be afforded the opportunity to speak at this time to any item listed on the agenda. There were no public comments. CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session to discuss the items identified on the agenda, an update on labor negotiations relating to the Police Officers Association and the Orange County Fire Authority pursuant to Government Code Section 54957.6, and a conference with the City's real property negotiator, pursuant to Government Code Section 54956.8, with regard to 201 - 8th Street, California Historic Properties, and lots 76, 77, and 78 of Lot A, Tract 15797, the easterly side of Seal Beach Boulevard from the intersection of Rossmoor Center way, Bixby Land Company. The Council adjourned to Closed Session at 6:01 p.m. and reconvened at 7:10 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported the Council had discussed the items shown on the agenda, gave direction with regard to Item A-I and B, no other action was taken. I I I I 10-9-00 ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 7:11 p.m. Approved: ~0Ju~~~~ Mayot Attest: Seal Beach, California October 9, 2000 The City Council of the City of Seal Beach met in regular session at 7:12 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None Also present: Mr. McIntyre, Interim City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Captain Schaefer, Police Department Captain Cushman, Lifeguard Department Mr. Cummins, Assistant Planner Ms. Yeo, City Clerk APPROVAL OF AGENDA Councilman Doane reported having received requests from members of the business community to continue Item "N", the public hearing to consider the merchant parking permit fee, until the next meeting. Councilman Boyd requested that Item "E" be removed from the Consent Calendar for the purpose of clarification, and noted he would abstain from voting on Item "L", Resolution 4846 pertaining to proposition 37. As to Item "N", the City Attorney pointed out that if that item is continued at this time it will require renoticing, however if the hearing is opened, then continued, it will not require further noticing, to which the Council concurred. Boyd moved, second by Doane, to approve the order of the agenda as revised. lO-9-00 AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried ANNOUNCEMENTS Councilman Boyd announced again the Coyote Creek riverbed cleanup to take place on November 4th, and that anyone interested should contact the Chamber office. Councilman Yost noted that the staging area for the cleanup is 7002 East Willow, and reported that other organizations will be participating in the effort as well. Councilman Yost announced the upcoming California Paralyzed Veterans 5 and 10K run on November 11th at the Naval Weapons Station, also, the Bayers and Barkers Dog walk-A-Thon, November 11th, 9:00 a.m. at Eisenhower Park, a fundraiser for the Animal Care Center. Mayor Campbell announced Clean Up Week from Monday, October 23rd through Sunday, October 29th, dumpsters located in the area of the Public works Yard, and offered phone numbers and addresses of hazardous waste disposal sites for anyone interested. I PUBLIC COMMENTS Mayor Campbell declared Public Comments open. Ms. Jane McCloud, Balboa Drive, District Three resident, said she wished to share her opinion with regard to Council representation as it relates to development in District Three. Ms. McCloud offered that it is public knowledge that there is some type of development proposed by Boeing, her understanding too is that a meeting was held with Boeing without her representative being informed, in fact when he learned of the meeting was asked to not attend, and she would think that a meeting such as that would not be acceptable, ethical, or even what the legal ramifications might be, this may be a matter for closed session discussion. Ms. McCloud said when it comes to matters of development in District Three, as a resident she would like her representative to be the one involved in meetings and discussions in order to inform the constituents, she would not like to see a community division as was the case with the Bixby project. Mayor Campbell responded that she attended the meeting as the Mayor, and advised that Boeing will be doing an exact same presentation to each member of the Council, also, said she found it interesting that Ms. McCloud wanted her Council representative to be present however as a councilperson she had not been afforded the opportunity to talk to Bixby about anything and that project is in her district. Mr. Doug Brown, Seal Beach, displayed a box and bag filled with various forms of debris from the beach. .Mr. Brown asked what it takes to get large rakes for use between the jetties, nets across the River, there is no filtering of the waters, this City is years behind, he will continue to bring the debris to Council in an effort to make the public aware of what is coming onto the beaches, he wants to help, what can he do. To Mr. Brown, Councilman Boyd noted this as the second appearance before Council, the efforts are appreciated, as to what it takes he advised that it takes an Act of Congress and authorization from the U. S. Coast Guard to no longer allow the San Gabriel River to be a navigable waterway, nothing can be placed across that waterway, members of the Council have worked on this problem for the past two years, there is a million dollars from the State in an account that could be used, every means possible is being sought to stop the flow of debris from up-stream, this is not a problem specific to Seal Beach, it can be seen in any coastal community in the world, every effort thus far to try a boom or net has been met with opposition because it is a navigable waterway, any I I I I I 10-9-00 other means is being looked at and there are people from all walks of life trying to help solve this problem. Councilman Yost mentioned again the River cleanup scheduled for November 4th with the intent of cleaning up the riverbed before the debris gets to the beach. Mayor Campbell mentioned too that the City worked diligently to have a seat on the Rivers and Mountains Conservancy, the effort again to stop the debris before it washes onto Seal Beach. To the upcoming consideration of agenda item "E" and comments from the public, no member of the audience indicated an intention to speak. There being no further comments, Mayor Campbell declared Public Comments to be closed. PRESENTATIONS PROCLAMATION Mayor Campbell read in full the Proclamation designating October 8th through October 14th, 2000 as "Fire Prevention Week." Boyd moved, second by Larson, to so proclaim. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried COUNCIL ITEMS APPOINTMENT - CITIZENS PARTICIPATION COMMITTEE Councilman Doane moved to appoint Dr. Ted Harris as the District Five representative to the Citizens participation Committee for the unexpired term ending July, 2002. Councilman Larson seconded the motion. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CONSENT CALENDAR - ITEMS "c" thru "L" Councilman Boyd noted that Item "F" relates to the acceptance of $250,000 Housing/Community Development Block Grant funds for improvements to Seal Beach Boulevard south of Pacific Coast Highway. Boyd moved, second by Larson, to approve the recommended action for items on the Consent Calendar as presented, except Items "E" and "L", removed for separate consideration. C. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. D. Approved the minutes of the special/adjourned and regular meetings of September 25, 2000. F. Approved the program contracts with the County of Orange Housing and Community Development Department for funding under the Community Development Block Grant Program in the amount of $250,000 for the Seal Beach Boulevard Reconstruction Project, contract number KC00035, and authorized the Interim City Manager to execute the contract on behalf of the City and to undertake all appropriate actions to comply with the terms and provisions of said contract. 10-9-00 G. Approved the declaration of surplus property and authorized staff to dispose of the vehicles through sale and/or auction. H. Adopted Resolution Number 4842 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL-00-03 FOR PARCEL 3, ALSO KNOWN AS A-47 SURFSIDE." By unanimous consent, full reading of Resolution Number 4842 was waived. I 1. Adopted Resolution Number 4843 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL-00-04 FOR PARCEL 3, ALSO KNOWN AS B-ll SURFSIDE." By unanimous consent, full reading of Resolution Number 4843 was waived. J. Adopted Resolution Number 4844 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL-00-05 FOR PARCEL 3, ALSO KNOWN AS A-IS SURFSIDE." By unanimous consent, full reading of Resolution Number 4844 was waived. K. Adopted Resolution Number 4845 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING LOT LINE ADJUSTMENT NO. LL-00-06 FOR PARCEL 3, ALSO KNOWN AS A-59 SURFSIDE." By unanimous consent, full reading of Resolution Number 4845 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "E" - RESOLUTION NUMBER 4840 - APPEAL - CUP 00-2 - 770 PACIFIC COAST HIGHWAY - COFFEE HOUSE USE (STARBUCKS) The City Attorney explained that pursuant to direction of the Council a draft resolution relating to this matter has been prepared for consideration. He mentioned that there have been questions as to the implications of the resolution, which, upon approval of the resolution, will issue a Conditional Use Permit to Starbucks to operate a coffee house however with no drive-through, also, with adoption of the resolution it gives Starbucks an option, if they accept the terms and conditions of the resolution they can operate the coffee house with no drive-through, a new set of conditions and no play area, in turn, should they not accept the new conditions and choose to keep the existing drive-through window they can still operate a coffee house under the existing CUP provided they comply with all of the conditions of that CUP, including the play area, the same seating capacity, same parking spaces, and other conditions, Starbucks has that option regardless of what action the Council takes. He noted that should this resolution be adopted and Starbucks accepts these conditions the prior, existing CUP will be null and void. Councilman Boyd inquired if the existing CUP defines what a childrens play area is. The City Attorney responded that he believed the original CUP approving resolution made reference to the area as consistent with the plans submitted at that time, the new conditions do not replace the play area with seating, rather a display area, if it were to be used for seating Starbucks would need I I I I 10-9-00 to provide additional parking however they do not have the space to do so. with that Councilman Boyd surmised then that the play area is not defined in specific terms. Councilman Yost said he believed that it is defined fairly specifically in the existing CUP. Should this resolution be approved and Starbucks chooses to not accept the terms of the new CUP and operate under the existing CUP, Councilman Boyd inquired if Starbucks could seek modifications to the existing CUP. The City Attorney advised that to be so, that would require going through the entire process including a public hearing before the Planning Commission. To that the comment was made then that adoption of the proposed resolution does not make the existing CUP null and void, the response was that it would be null and void if the proposed conditions are accepted, the City does not have the power to take away the existing CUP unless it receives something in return. To the inquiry if it would not be difficult for Starbucks to operate a drive- through under the existing CUP, the response was that they would need to comply with the conditions of the existing cUP, that would include the play area, that would not be what Starbucks wants, they wanted interior modifications and relocation of the drive-through window. It was again noted however that Starbucks does have the right to operate under the existing CUP if they choose, unless there were to be an appeal of that CUP due to non-compliance with the conditions, something that would cause harm to the public, create a nuisance, or whatever, the response was that that would require a revocation process based upon a threat to public health, safety or welfare, or non-compliance with the conditions, that basically the only way their rights can be taken away. Question was raised if that could consist of evidence of more accidents, disfunctional parking area, circulation problems. The response was that it would need to be based on evidence, typically a revocation is based on non- compliance with the conditions. To the question as to whether Starbucks will accept the terms of the new CUP, the City Attorney reported that upon the last contact with Starbucks they wanted to delay any decisions until the final action of the Council was known, then a meeting with them will likely be held. With regard to the description of the childrens play area in the existing CUP, the Director of Development Services reported it to be defined as '1,450 square feet of the interior of the restaurant shall be permanently maintained as a childrens play area and playground management office, the management office may not be used in any way in conjunction with the operation of the restaurant, including the storage of restaurant related supplies,' noting that there is nothing in the condition that specifies the type of play equipment or whatever, confirming that would be the only allowable use within the 1,450 square foot area pursuant to the existing condition, the language of the condition in the proposed resolution somewhat different. Councilman Boyd mentioned his concern in that the intent is to limit the impact however it appears that they could come in under the existing conditions if they choose to do so, have a drive-through that would accommodate fewer cars in the queue, and substantially comply with the childrens play area condition, the question is how is the childrens play area defined. The Director mentioned that as the conditions have been interpreted that would be a decision that lies with the Planning Department to verify that the use meets the intent of the Council, the Council would always have authority under the resolution to require whatever use is proposed for that area to receive final review by either the Planning Commission or Council. Councilman Boyd predicted that 10-9-00 Starbucks will come in under the existing CUP with the existing drive-through. It was pointed out again that Starbucks has always had the option to come in under the existing CUP. Councilman Yost said there is no means of revoking the existing CUP without evidence, however his feeling is that the evidence presented by the pub~~c was clear, showing that the addition of a drive-through was a threat to public safety, especially with the submittal of additional traffic information, in his opinion the intent of the Planning Commission at the time was quite clear, it was to be a fast food playground not some intent to skirt that, his intent would be to hold Starbucks to that condition, should they choose to come back to the City in the future that condition could be dealt with then, in his opinion proposed Resolution Number 4840 should be acted upon. Councilman Boyd noted it was he who made the motion to deny the CUP as approved by the Planning Commission, that was based on the criteria that it was a threat to public safety related to traffic circulation, etc., if that is the case then the action should be revocation, that is a reason for revoking Conditional Use Permits, his confusion is that the proposed resolution denies a drive-through due to safety concerns relating to traffic, children, etc., yet they can still operate a drive-through, one a longer drive-through than the other, so which is safer. Councilman Yost noted that evidence was presented where the Starbucks data claimed that they would do less business than if there was a drive- through, he has a problem believing that claim, it is believed that the issue was that the increased traffic as a result of a Starbucks would be a threat to public safety, and, there can not be an action to revoke a CUP where the related operation does not as yet exist and the traffic has not yet been produced, once operational and the traffic volume is produced as predicted then revocation could be considered. Question was raised as to whether it is easier to revoke a CUP now or once granted, the response was that it is necessary to have evidence to support a revocation. Councilman Yost voiced his opinion that the City has been put on notice that this operation and the resulting traffic issues are a public safety concern, again suggesting approval of the Resolution and then with the hope that Starbucks will operate without a drive-through. Councilman Boyd mentioned that if the Resolution is approved then the City is left with only a revocation proceeding to deal with the problem, if the action is to concur with the Planning Commission then there is a four month review period at which time the Commission could revoke their CUP for a drive-through. A counter comment was that that would also require revocation hearings, the problem is that CUP's run with the land, Hennessy's is an example, if Starbucks wants to corne in under the existing CUP, let them, it would interesting to see them do a playground in their operation and how much traffic they generate. It was pointed out that the CUP of Hennessey's had been modified substantially. Councilman Boyd concurred that Starbucks could come in with a drive-through, then should the City choose to revoke the CUP it could be exposed to significant legal issues. The City Attorney mentioned again that the Resolution was designed to reflect the action taken at the last meeting, it was recognized then that Starbucks had the option of the existing CUP. Councilman Yost read an excerpt from the finding set forth in the proposed Resolution relating to the issue of public safety. Councilman Boyd again mentioned that it appears that the intent of the Council is to deny the relocation of the drive-through window, and again voiced his opinion that Starbucks will open I I I 10-9-00 I with a drive-through window no matter, what is the City going to do then. Councilman Larson noted his vote at the last meeting in opposition to denial of the appeal as he felt the Commission had thoughtfully determined the best way to handle the issue, the Council disagreed with their action, the hearings of the Commission and Council were different, and no matter, Starbucks will have a window, his feeling is that given the opportunity the Council would likely eliminate all drive-throughs. In relooking at the adjacent intersection and traffic flow Councilman Larson said he now agrees that there is a safety concern, and with regard to the play area his feeling is that the interest was not so much with children as it was with the space not being used for seating, if the Resolution is adopted Starbucks will be encouraged by not having to maintain the play area, which is not particularly appealing to coffee houses, also, staff can encourage Starbucks to operate under this Resolution which would at least eliminate the extra traffic generated by a drive-through, and should a problem continue to be realized there is then the ability to go through the revocation process, his preference however would be that Starbucks operate without a drive-through. Councilman Doane inquired as to the review period for all CUP's, to that the Director responded that the Resolution proposed has a six month review, thereafter the Commission has the right to grant an indefinite extension where the CUP would not come back for review unless there is a non-compliance issue or problem. I Councilman Yost moved to approve Resolution Number 4840 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONDITIONALLY APPROVING CUP NO. 00-2, ALLOWING THE CHANGE IN USE FROM A DRIVE-THROUGH FAST FOOD RESTAURANT TO A COFFEE HOUSE WITH INTERIOR ALTERATIONS AT 770 PACIFIC COAST HIGHWAY, SEAL BEACH" which in turn denies the requested drive-through window relocation. Councilman Doane seconded the motion. The City Attorney advised of minor changes to Resolution Number 4840, the language of Condition 20 should end with "...returned to the Planning Department", the following words to be deleted as this is the final action, and the second line of Section 9 should read "...pursuant to Condition 20..." instead of Condition 14. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I ITEM "L" - RESOLUTION NUMBER 4846 - OPPOSING PROPOSITION 37 Councilman Boyd stated again that he would abstain from this item as he has no opinion relating to it. At the request of Council, the City Attorney explained that Proposition 37 was proposed by Sinclair Paints and other companies due to fees being imposed as a result of harmful effects of lead paint, Sinclair sued the City of Los Angeles because the City had imposed such fee to promote public awareness of the affects of lead paint, Sinclair took the position that it was a tax and that the City should have had a two-thirds vote before imposing the tax pursuant to Proposition 13 and others. Sinclair lost in court, circulated this initiative, qualified for the ballot, the League of Cities and other organizations are opposed to this Proposition, an example being used is should the City impose a fee on alcohol for the purpose of public awareness, educational forums, etc., and under Proposition 37 that would be deemed a tax and the City would not be able to impose the fee, the Proposition is promoted as 10-9-00 an anti-tax measure however is supported by Sinclair and others that are trying to avoid the fee, it is also unclear as to how far Proposition 37 could go. The Interim City Manager noted that there has been a number of fees imposed by cities and school districts since Proposition l3, the concern with Proposition 37 is not necessarily the direct case but a precedent making all fees subject to this decision as a tax requiring a two-thirds vote as opposed to current practice where a fee can be imposed by a City Council. Doane moved, second by Larson, to adopt Resolution Number 4846 as presented. I AYES: NOES: ABSTAIN: Campbell, Doane, Larson, Yost None Boyd Motion carried PUBLIC HEARING / RESOLUTION NUMBER 4847 - HOUSING/COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING APPLICATION - 2001/2003 Mayor Campbell declared the public hearing open. The City Clerk certified that notice of the public hearing had been advertised as required by law, and reported no communications received relating to this item. The Director of Development Services introduced his Assistant, Mr. Cummins, who has been designated as the staff person to work with the Citizens Participation Committee. Mr. Cummins presented the staff report, explained that each year the City makes application to the County Housing/Community Development Department for H/CD funding, the County in turn makes application to HUD, a certain amount is allotted to the County and then all non- entitlement cities, of which Seal Beach is one, the unincorporated areas, and non-profits, apply to the County fora share of that funding. He noted the City has designated the Citizens Participation Committee to make recommendations to the City Council for project funding, their meeting was held on September 27th. Mr. Cummins explained that funds are allocated to urban areas to target very low, low and moderate income persons, the target areas usually distinguished by census tract, since the 1990 census Seal Beach has had an increasingly difficult time receiving funding based on the median incomes for Seal Beach.. in fact there are currently no census tracts in the City that qualify for CDBG funding, however there are certain public facility improvements that do qualify. He mentioned that there is a new county policy whereby they are accepting applications for multi-year funding, that in lieu of single year applications, it is now a two year cycle rather than each year; that policy reflected by the current application. Mr. Cummins reported that the Citizens Participation Committee has recommended two projects for funding, the first is improvements to public facilities to make them ADA compliant. He noted that three years ago the City was granted $20,000 for ramp improvements to the curbs at intersections, when the ramps were looked at as to how many could be done it was determined that the project was not feasible therefore the City requested that that funding be allowed to be applied to ADA compliant doors for City Hall and Council Chambers, the County approved the request yet when the City requested bids none were received as the project was not large enough. Mr. Cummins stated it is felt that by making application for funding of a significant amount the County will grant the funding and contractors will bid the project which will consist of changing out the doors, hearing impaired improvements, possibly the lowering of counters, door handles, windows, etc. He explained that application will be made for $300,000 the first year, during the first year a survey will be made I I I I I 10-9-00 of all public facilities in the City the cost of which is approximately $25,000, that amount already budgeted in the five year plan, that survey will show what needs to be done throughout the City to be ADA compliant, year two funding will be applied for based on the result of the survey with a maximum cap of around $300,000, the intent is also to leverage about a third of whatever the survey indicates, somewhere between $75,000 to $100,000, this may be more acceptable to the County. Mr. Cummins mentioned that the second program being requested is Youth Aftercare/Day Care of $50,000, $25,000 for each of the two years, for recreation supervisors and day care assistance. There being no comments from the audience, Mayor Campbell declared the public hearing closed. Boyd moved, second by Yost, to adopt Resolution Number 4847 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING THE CITY's PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT PROGRAM OF THE COUNTY OF ORANGE (YEARS 2001 - 2003)." By unanimous consent, full reading of Resolution Number 4847 was waived. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried PUBLIC HEARING - MERCHANT PARKING PERMIT FEE Mayor Campbell declared the public hearing open to consider the annual fee for the Merchant Parking Program and permit options. NO member of the audience indicated an interest in speaking to this item at this time. Yost moved, second by Boyd, to continue the public hearing until Monday, October 23rd at 7:00 p.m. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:12 p.m. The Council reconvened at 8:25 p.m. with Mayor Campbell calling the meeting to order. BOLSA CHICA LOWLANDS RESTORATION PROJECT - DRAFT EIR/EIS - RESPONSE LETTER Councilman Yost mentioned that one of the major issues of Bolsa Chica has to do with the potential inlet and the effect that might have on the ocean water quality, it is understood it would improve the water quality of the wetlands however what that would do to what is one of the cleanest beaches continues to be an issue with a number of people, stated he did not notice that issue in the letter, questioning if he missed the comment or if it is not intended to be addressed. Councilman Doane pointed out that years ago there was a natural inlet in the vicinity of the bluff, then someone was paid to fill in the inlet, an inlet is very much needed to flush the lowland wetlands, at present the wetlands are being fed through Anaheim Bay. The Director of Development Services noted that the proposed response letter has suggested language to support a sub-alternative, the letter was presented to the Environmental Quality Control Board, however they felt they were not in a position to recommend to Council any particular alternative for support, based upon concerns of the EQCB staff took another look at the alternative that was initially recommended and the two the EQCB felt were worthy of looking at further, alternative 5 does not provide for a direct ocean connection, in looking at the impacts of that alternative it obviously does not deal 10-9-00 with the concern mentioned by Councilman Yost or impacts to surfing, however that alternative does not do nearly as much for habitat restoration for both fish and fowl species that would use the wetland area, staff felt that those benefits outweighed the potential negative impacts to the surfing area. To the issue of water quality staff did not see it as being much greater by a direct tidal inlet because the alternative that had been suggested initially continues to have the storm drain facilities come down through the channel and it bypasses the major wetland area where the tidal connection still flows to Anaheim Bay, it really does not change the water quality issues at the inlet as is understood by the proposals within the document. He offered that if the Council is uncomfortable supporting any of the alternatives that particular language could be deleted then submit the response letter based upon the more technical issues. In response to Council, the Director reported the comment period on the document ends October 16th, once all comments are received the lead agency prepares a response to comments for the Final EIR/EIS, and depending on the number of comments and time to respond, it may be three to four months to complete the Final EIR document which will then be subject to hearings before the State Lands Commission and Army Corps of Engineers. Councilman Yost stated his preference that the response letter address only the technical issues rather than recommending an alternative at this time. Mr. Mario Voce, EQCB, stated that when the EQCB looked at this issue there was confusion as to the effects of the alternatives in that they only had the executive summary, the actual text was looked at further during the meeting, also, two maps that should be looked at are alternatives 1 and 5, 1 has a tidal inlet, 5 does not, the length of jetties would have an impact on the engineering of the beach, could cause sand erosion in one area, deposits in another, jetties also collect trash and debris, with no jetties an oil spill could make its way into the inlet, jetties also have an effect on the waves, the natural flow of water onto the beach, not just for sports but the issue of sand deposition and erosion as well, it is now learned that the jetty will be a mean low tide jetty, this is the draft EIR/EIS, the final will not be out for months. Mr. Voce suggested in the meantime that a copy of the Errata be obtained, possibly mistitled and should have been called Addendum, information in that volume may be pertinent to eventual comments to the Coastal Commission. As to whether or not the response letter was approved by the EQCB, Mr. Voce stated that the EQCB made insertions, it is up to Mr. Porter to review the letter before signing, and as to whether or not it is premature to support the second sub-alternative over the first, he expressed his belief that it is, especially given the absence of the last volume of alternatives, his preference was to not support an alternative at this point, possibly with the Final document. Mayor Campbell mentioned that the second alternative offers more leeway, her thought was to support one over the other before others declare support for one that is not desirable to this City. Councilman Boyd asked what the impact is on Seal Beach and its residents, if there is not comfort with commenting on a draft environmental document for a project at least five miles away then it should be postponed, it should not be belabored. Mr. Voce stated there is an impact on local residents, they do use that beach, swim and surf, that is why the alternative 5 stood out, also, the request is to comment on things of a very technical nature. It was suggested that the language to which Councilman Yost asked to be deleted be done in. that it is believed there will be a second I: I I I I I 10-9-00 opportunity to address this issue. The Director explained that at the time the Final EIR is distributed the only comments that the city would have is when the implementing agency is ready to approve a project, there is no other opportunity to comment on the ErR document, rather through a public hearing process of the State Lands Commission. Councilman Yost noted language in the letter reiterating the City's strong opposition to residential development on the Bolsa Chic a lowlands, indicating his desire to retain that language in the communication, merely strike support of the particular type of alternative at this time. Boyd moved, second by Yost, to authorize the Mayor to sign the response letter as modified, deleting the paragraph in support of the sub-alternative. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried HELLMAN PROPERTIES - COASTAL COMMISSION STAFF REPORT - PERMIT AMENDMENT 5-97-367-Al - COMMENT LETTER Boyd moved, second by Doane, to approve the comment letter relating to Hellman Properties Permit Amendment, Coastal Commission staff report with regard to application number 5- 97-367-Al, authorize the Mayor to sign said letter, and receive and file the staff report. Councilman Yost said he wished to pose some issues and questions, this issue is to be heard before the Coastal Commission on Wednesday and he wanted the people to know what is transpiring. The Director of Development Services mentioned that the Coastal Commission hearing will be held in Oceanside on Wednesday, this is coming back to the Commission based upon a settlement agreement that has been reached among a number of parties litigating against the Coastal Commission approval of the Hellman Ranch project. He noted that at the time of the City approval of the Hellman project in 1997, the project consisted of seventy homes along Seal Beach Boulevard and in general conformity with the plan that is on display, that plan also included a golf course with salt water wetland restoration and the creation of fresh water wetlands as part of the reconfiguration of the existing severely degraded wetlands on the property in conjunction with the golf course plan, the City approved that project after a number of hearings before the Commission and Council, the project then before the Coastal Commission and ultimately approved, basically the same project approved by the City however with the addition of a couple of conditions with which the City had concerns, one of which is addressed in the letter under consideration. He noted that once the Coastal Commission took their action several parties filed a legal action to their approval of the project claiming violation of provisions of the Coastal Act, a settlement agreement was then reached which resulted in the Hellman's agreeing to drop the golf course from the project and have a deed restricted area of one hundred acres for future wetland restoration. He mentioned that the homes remain basically as they were approved by the City, the acreage for the homes is 14.9 acres on the bluff along Seal Beach Boulevard, the Specific Plan allows that area to be increased by twenty-five percent provided certain criteria is met, Hellman approached the City in that regard in April, a determination was made, and a memorandum was provided Council and the Planning Commission indicating that Hellman had met that criteria, and administratively an increase of acreage to 18.4 acres was allowed for the same number of homes. With the increase of acreage the lots became a little larger, the initial plan had 10-9-00 rear yards abutting rear yards with some fairly steep grade differentials at the rear yard lines, the new plan provides a greenbelt area between the rear yards with a slope easement, the result is less density on a lot per acre basis, this project now coming before the Coastal Commission. The Director made reference to the comment letter prepared on certain issues that Coastal Commission raised upon their review of the project based on their interpretation of the settlement agreement, that agreement required a deed restriction for one hundred acres for future wetlands, the project itself does not impact any portion of the wetlands as required by the agreement, and that the development of the upland area with seventy homes could proceed, the City, the litigating parties, and the Coastal Commission all signatories to that agreement. He noted that the staff report of the Commission has been reviewed, there are three to four basic issues that are felt should be raised with the Commission regarding the project, the Commission staff is saying that a water quality system proposed by Hellman which creates ponds and bio-swale areas on the property should not be counted as part of the wetland restoration area, yet as City staff reads the proposal of Hellman to the Coastal Commission the purposes of those areas are to treat runoff from storm and dry weather events, collecting the water and allowing it to settle in those areas for the purpose of purification before it reaches the Los Alamitos Retarding Basin, with the understanding of that system and a wetlands system the belief is that they are the same, therefore it is not clear why Coastal Commission is not considering that to be part of the one hundred acre deed restriction for wetland restoration and other purposes. The second issue is the Commission requirement for approximately 9.2 acres of raptor foraging area that is to be separate from the one hundred acre deed restricted area, however the deed restricted area consists of about twenty-seven acres of wetlands and about seventy-three acres of ruderal upland area, those basically serve the same function as a raptor foraging area, which is primarily where ground animals such as squirrels and mice live and the raptors use it for food purposes, again, it is unclear why the 9.2 acres that are already set aside as an upland in conjunction with the lowland wetland area can not serve both functions, staff feels they do as do a number of biologists. The other issue is the Coastal Commission requirement for a public parking lot to accommodate ten vehicles along Seal Beach Boulevard for public access to Gum Grove Park and the newly created extension of the Park by this revised plan, the acreage of Gum Grove was also increased as part of the increase of residential acreage set forth in a May memorandum to Council. The Director noted that the City objected to that condition in 1998 and continues to do so, also pointed out that a suggestion set forth in the comment letter is an alternative whereby that location could be used by bicyclists to park and lock their bicycles then utilize the trails to access Gum Grove park, the issue of the Police Department is someone parking in that location, walking into the Park, access the homes on the Hill or the Hellman project, perform an act of burglary and then retreat from the area quickly by means of their vehicle. I I I Councilman Yost mentioned that the Development Agreement with Hellman provided for a golf course, wetland restoration, and homes as the economic factor, and given the substantial difference of this project, inquired if that Agreement needs to come back before the Council. The City Attorney responded that assuming the Hellmans get approval from the Coastal I I I 10-9-00 Commission, that approval would be of a plan that is somewhat different from what is reflected in the City approved Specific Plan, different from the project that was subject of the Development Agreement, the subdivision map for the residential, will need to come before the planning Commission and City Council under public hearing for reapproval. Mr. Mario Voce, Seal Beach, noted that given the time restraints the EQCB did not have an opportunity to review this item. He offered that in terms of rationale with regard to the Seal Beach Boulevard entry the concern is identified as crime however there are environmental concerns as well, this Grove has been insect infested and even with the single entrance there are problems with vandalism and destruction, and given that the Park is currently undergoing some restoration which will continue into the future, the concern is with allowing an additional entry that will disrupt the restoration efforts, he pointed to an example of El Dorado Park Nature Center, a much larger area where there is only one entry and exit to that Center, his feeling is that the Coastal Commission would take into consideration the environmental restoration of the Park. To the suggestion that this location be utilized for bicycles rather than vehicles, Mr. Voce indicated that to be an improvement, however mentioned the damage that is currently being caused by bicycles in Gum Grove, the additional access may compound the existing bicycle problem, and what if the Park needs to be closed to bicycles at some point because of damage and the on-going restoration effort. Councilman Boyd inquired as to what restoration is taking place in Gum Grove that has been authorized by the City Council. Mr. Voce stated that nothing has been authorized to date as restoration plans have not been brought to the City, however there is a restoration effort in that about a hundred dead trees have been removed, foresters were brought in to do an inventory and care plan, it is just the beginning, in the future there will be things like a irrigation system to accommodate plantings, etc., again, a formal restoration plan has not as yet been brought forth. Councilman Boyd expressed concern in that Gum Grove is a public park therefore if there is an on-going effort to improve or change a public park landscape it should be proposed to the Council and Recreation and Parks Commission, suggesting that this discussion focus on the comment letter. Councilman Doane said his understanding was that the parking area was a requirement for approval by the Coastal Commission. The Development Services Director confirmed that was a condition imposed as part of the initial approval of the project over the objection of the City, it continues to be a condition recommended by Coastal staff, the letter proposes an alternative to the parking lot. To a question of Councilman Yost, Mr. Voce indicated that vandalism in the Park continues to be a problem that requires repair. Given the on-going requirement of the Coastal Commission for this parking lot area, the alternative for a bicycle and ~edestrian area may be acceptable to them, part of their Lntent is coastal access yet there is no access to the beach through the Park. Councilman Yost suggested possible language to the effect that by limiting access it is hoped that vandalism to the Park will not be made worse, he would like to keep it pristine, use El Dorado Park as an example of a nature park and having only one entry and exit, also that there is currently more than adequate parking. Mr. Voce suggested language under the term 'rational' on page three of the letter to direct attention to environmental protection of the sensitive grove used by raptors for roosting purposes and other things, this is called environmental security. Ms. 10-9-00 Jane McCloud, Balboa Drive, stated that there needs to be a way to convince the Coastal Commission of the one entrance that exists and that directional signage could be provided from Seal Beach Boulevard into the Park therefore eliminating the Boulevard access. Councilman Boyd commended that suggestion, and noted that if the City had an adopted Coastal Plan that would likely be a requirement. The Director advised that the signage is a condition of the Coastal Commission, that is not being questioned. Councilman Yost noted the mention of the twenty-five year cap on the deed restriction for wetlands, and requested an explanation of where the twenty-five years came from and what would happen if it is not purchased in that time period, also questioned the meaning of the language 'the director determines may affect the enforceability of this restriction.' with regard to the twenty-five year restriction, Mr. Dave Bartlett, representing the Hellman Estate, explained that the prior approval required that the golf course area be conditioned to provide for purchase at fair market value for wetlands restoration, that part of mitigation that the Commission was requiring, and although the golf course is unfortunately no longer part of the project Hellman has agreed to the deed restriction so that the one hundred acres can be acquired for open space and restoration and ultimately become a major asset to the community, the twenty-five years was somewhat of an arbitrary number agreed to as part of the settlement process, however from Hellman properties standpoint the public agencies and non-profit agencies have twenty-five years to acquire that property, the signatories to the settlement agreement concluded that that was a long enough period of time for that to occur, and presumably at the end of the twenty-five years should nothing happen the deed restriction would likely expire as well, however they have been actively pursuing acquisition and restoration with the Trust for Public Land, Coastal Conservancy, State parks, the San Gabriel River Conservancy, wildlife Conservation Board, and Department of Fish and Game involvement, it is felt that possibly as soon as two years the acquisition could take place. Councilman Yost asked if the statement that wetlands restoration is being actively pursued could be put in writing, his concern is that with the development of houses on the bluff, without a firm commitment wetlands restoration may not occur. Mr. Bartlett responded that the firm commitment is the one hundred acre deed restriction for a period of twenty-five years, also the discussions that have occurred with the agencies previously mentioned. Councilman Yost mentioned a meeting in recent weeks with various agencies and individuals where the intent was to have all of the wetlands, including Bryant and Bixby, restored as. a single entity yet that was a considerable way off, his preference would be to see restoration in the short term. Mr. Bartlett said he too attended that meeting where he heard the Wetlands Clearing House Project Manager state that the Los Cerritos wetlands, including Hellman, were the highest priority in Southern California. He noted that the first step for restoration to occur is acquisition which has been a top priority of Hellman, they have had active discussions and detailed analysis with Fish and Game, providing them with the facts they need to complete their appraisal, this is being actively pursued. Councilman Larson noted that documents relating to this issue will be recorded, .if Hellman had not agreed to the terms it would likely be declared unconstitutional. Councilman Boyd offered that if the issue is to tie the development of the homes to the wetlands alone, that is not good pOlicy, if homes are going to be built it is 1 I I I I I 10-9-00 simply because it is a good land use of that portion of the property, the one hundred acres is deed restricted and it makes sense to try to acquire it, if the Trust For Public Lands does not do so then the County of Orange will and make it a nature preserve like the Back Bay, this has been a discussion of the Harbors, Beaches and Parks Commission for the past three months, they are awaiting an appraisal, there is a one hundred twenty acre opportunity to do wetland restoration as part of a larger complex, everyone sees that, no one is going to let it go away, to hold the houses as an assurance is not appropriate. Mr. Bartlett added that there is a meeting scheduled with the Port of Long Beach in two weeks, they expressed an interest in doing the restoration but not the acquisition, their plans are a bit suspect because they have requirements for deep water habitat to mitigate for the fill of the Port, it does not seem this site is conducive to deep water habitat, however the Port will be an alternative also. The City Attorney recalled an addition to Section 2 on page three of the response letter, the Development Services Director has that language, also, language will be added with regard to keeping the pristine condition of Gum Grove Park to avoid damage to the Park, paraphrased, the City doubts that there is a real nexus between the addition of a parking lot and the proposed development. Vote on the motion to approve the comment letter as amended: AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried LEASE AGREEMENT- VERIZON WIRELESS - CELLULAR FACILITY _ ZOETER FIELD The Assistant to the City Manager presented the staff report, explained that the proposed lease agreement would allow Verizon Wireless to install a monopole tower with cellular antennas and related equipment at Zoeter Field. He 'noted that the Council had authorized staff to meet with Verizon representatives to negotiate a potential cellular site agreement, there was a subsequent agreement on the proposed Zoeter Field site, also, the lease has been reviewed by the City Attorney and the Engineering and Planning Departments. The Assistant described the leased area as approximately one hundred seventy square feet of foul ball territory in left field, an existing trash container will be relocated south of the Verizon leased area, both areas will have a concrete foundation, bordered by a fifteen foot chainlink fence covered by a tightly woven mesh material to be selected by the City to screen the equipment from public view. Mr. Corbin of the City Manager's office assisted with a visual presentation showing an overview of Zoeter Field, the current and proposed location of the refuse facility, the proposed site plan and equipment cabinets, the fifty foot high monopole, the same height as the existing light poles, a diagram of the vertical mount of the cellular antennas, noted that additional field lighting could be installed either now or later on the monopole at the request of the City and solely at the expense of Verizon. The Assistant explained that this is a five year lease with the possibility of two five year extensions, Verizon will immediately pay the City a $20,000 administrative fee, an annual lease payment of $36,000 per year with an annual CPI adjustment, the lease also requires Verizon to test its equipment for levels of radio frequency energy at any time upon request, and to take 10-9-00 appropriate steps to prevent interference with communication frequencies used by public safety departments of the City. Councilman Yost noted that they will be required to correct any problems relating to Police or Fire communications, and inquired if there has been any documentation of problems as a result of this particular type of equipment. The Assistant responded that to this point staff has received only anecdotal evidence, the Police Chief reported there have been some incidents in other Orange County cities where there has been interference with safety department communications systems, he wanted to make sure that any monopole communication pole installed would be pre-tested. The Mayor asked if they might be cities that are not yet on the 800 MHz system, to that the Assistant advised that they are not. The Assistant noted also that the Police Chief did sign off on this installation provided that the testing provision was in the contract. Councilman Boyd mentioned that this installation will be in his District, the installation was looked at for some time, and is likely a good financial opportunity. Boyd moved, second by Larson, to approve the lease agreement between Verizon Wireless and the City of Seal Beach, and authorized staff to execute the contract on behalf of the City. I AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried UPDATE - SEAL BEACH BOULEVARD MEDIAN IMPROVEMENTS The Director of Public Works, on behalf of the Recreation and Parks Director, reported that the concrete work on the Boulevard was completed about a month ago, there have been some conflicts with the sewer project that has caused delays, however the Parks Department is well underway with the soil amendment process, it is felt that considerable progress will be seen soon, and even with the limited City staff it is felt the planting process will likely occur rather quickly. The Mayor mentioned that with the sewer project the regular six lane roadway is now down to four and there is the median, so her concern is primarily with the safety of those working on that restricted roadway. The Director stated that traffic volumes are considerably reduced during mid-day, he is confident that it is a safe working environment, the work for the median will basically take place from the southbound lanes, the northbound lanes for the sewer project. Councilman Larson suggested that blowing dirt be watched, at one time it slowed traffic to about five miles an hour, his understanding was that it was supposed to be watered down. The Director mentioned that the sewer contractor is required to maintain dust control and he would pass that message along to the City crews as well. Councilman Boyd said he requested that this subject be agendized, it is a sizeable project, there will be other similar projects, a project of this size is a challenge for the 'very limited Public Works and Parks staff, therefore as a policy decision would it not be better for their time to be spent on activities that maintain the City and beautify the resident and visitor serving areas in lieu of projects such as this. He indicated belief that there has been discussion with the Interim Manager of ways to push this project along without going to bid, which likely should have been done to begin with, and to address public comments to the effect that public works and engineering projects are never completed in a timely manner. The Interim Manager offered that the suggestion was made that an additional $5,000 expenditure could speed up the project by I I ... , ~ ; 10-9-00 possibly two weeks, this for the purpose of overtime for current staff. It was clarified the overtime hours would occur as a fifth work day per week and possibly some weekend work. The Manager noted also that he was informed there is a soft match consideration related to the grant monies received, that is why City staff was used. I Councilman Boyd moved to authorize the expenditure of an additional $5,000. Councilman Larson seconded the motion and made the comment that all too often the public and even the Council do not understand how much staff time is spent on projects that do not necessarily go through the City's Public works Department therefore whatever can be done to give staff more time to do what they need to do is important. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT The City Attorney made reference to the discussion relating to the Hellman project comment letter, the letter will be the official position of the City, and relayed a question from Attorney Kaufman from his firm if the Council were desirous of his attendance at the Coastal Commission hearing to present the City's position. The Council indicated a consensus in support of the attendance of Mr. Kaufman. It was also noted that Councilman Yost would be attending as well as Mayor Campbell if she did not have a meeting conflict. I CITY MANAGER REPORT No report was presented. COUNCIL COMMENTS Councilman Yost reported the Rivers and Mountains Conservancy met this past week at wilson High School, at that meeting two consulting firms were retained, one to do a GIS survey of the watershed of the San Gabriel and lower Los Angeles Rivers, the other to survey what is known, what plans have been in existence for those watersheds, that to be put together as an overall plan of the watershed to be presented.to the full board at a later time. He noted also that there are two draft papers that he will be presenting to the League of Cities on Thursday, one is a property acquisition nomination form, the other relates to the nomination and criteria that would be used to evaluate properties, the intent is to provide that information to all interested cities. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, October 23rd at 6:00 p.m. to meet in Closed Session. By unanimous consent, the meeting was adjourned at 9:35 p.m. I C't Clerk and the City of Approved: '/J~gf~ Mayot 10-9-00 / 10-23-00 Attest: Seal Beach, California October 23, 2000 I The City Council of the City of Seal Beach met in regular adjourned session at 6:03 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost Absent: None Also present: Mr. Barrow, City Attorney Ms. Yeo, City Clerk The Interim City Manager, Mr. McIntyre, joined the Council in Closed Session. CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda pursuant to Government Code Section 54956.8, 54956.9(a), (b), and (c), and 54957.6, noted that there should be four items rather than one relating to anticipated litigation, and that the agenda may be amended to make a finding to include same. I Boyd moved, inasmuch as agenda. second by Larson, to add three additional items they came to attention after the posting of the AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried By unanimous consent, the Council adjourned to Closed Session at 6:05 p.m. and reconvened at 7:14 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported that the Council had discussed the items identified on the agenda as well as the three items added to the agenda, the City Council gave directions, there was no other reportable action. ADJOURNMENT It was the order of the Chair, to adjourn the meeting at 7:15 consent of the Council, I Approved: -JJ1IlJila:.u!f ~ Ma or