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HomeMy WebLinkAboutCC min 2001-02-26 2-12-01 / 2-26-01 Approved: ~abiI~~~~ rJ~~U . City Clerk Attest: I Seal Beach, California February 26, 2001 The City Council of the City of Seal Beach met in regular adjourned session at 6:01 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Doane, Yost Absent: Councilmembers Boyd, Larson Councilmembers Boyd and Larson were awaiting the majority of the Council in the Conference Room. I Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the Council would met in Closed Session to discuss the items identified on the agenda, a conference with the City's real property negotiator relating to 201 - 8th Street pursuant to Government Code Section 54956.8, and a conference with legal counsel pursuant to Government Code Sections 54956.9 (b) and (c). The Council adjourned to Closed Session at 6:03 p.m. and reconvened at 6:48 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported that the Council discussed the items identified on the agenda, gave direction to the City Attorney, there was no other reportable action. , ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 6:50 p.m. I Attest: City Clerk Approved: 2-26-01 Seal Beach, California February 26, 2001 The City Council of the City of Seal Beach met in regular session at 7:05 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Boyd, Doane, Larson, Yost I Absent: None Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. whittenberg, Director of Development Services Mr. Badum, Director of Public works/City Engineer Chief Sellers, Police Department Ms. Beard, Director of Recreation, Parks and Community Services Mr. Cummins, Associate Planner Ms. Yeo, City Clerk APPROVAL OF AGENDA Boyd moved, second by Yost, to approve the order of the agenda as presented. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I ANNOUNCEMENTS Councilman Boyd extended a welcome to the new City Manager, Mr. Bahorski. Councilman Doane announced that Mr. Tom Lyon will be resigning from the Planning commission for health reasons however will serve until a new representative is selected, and extended an invitation to anyone residing in District Five to contact him if they have an interest in this position. Councilman Doane conveyed appreciation to Mr. Lyon for his services. Councilman Boyd stated he is collecting as many E-mail addresses as possible in order to transmit electronic newsletters to those having an interest in same, and invited response by means of his E-mail address, voice mail, or leave a note for his mail slot at City Hall. PUBLIC COMMENTS Mayor Campbell declared Public Comments to be open. Mr. Doug Korthof, Hill area, said he was present to speak to the National Wildlife Refuge. He noted that Seal Beach has a number of assets, one being the beach, however there has been pollution and beach closures from the flow down the San Gabriel River also due to the strain on the infrastructure whether it be storm drains, electrical facilities or whatever when new development goes in. Another asset that all should be aware of is the National wildlife Refuge, an area that will always be preserved as a result of serving a large basin of people, some of the Los Cerritos wetlands will be preserved, possibly the Hellman adjoined to create a wildlife corridor from the Los Cerritos wetlands to Hellman to the National Wildlife Refuge and down to the Bolsa Chic a which would give wildlife a greater chance for survival, yet looking beyond that there is very little towards the Los I 2-26-01 I Angeles area, the Refuge is a treasure open to all, owned by the citizens, yet under the care and guardianship of the people of Seal Beach. Mr. Korthof mentioned that twice yearly there is a cleanup of the Wildlife Refuge, invited all to participate in that on March 3rd, at that time one thing people will be doing is preparing a least tern nesting site on Tern Island, also noted that on the second Saturday of each month native planting is done to create raptor habitat which will provide natural vegetation with the possibility that raptors can survive without killing the least terns and other endangered species, the'Refuge is going to grow and continue to serve millions of people, also, there is a tour on the last Saturday of the month. Mr. Korthof mentioned the availability of an information pamphlet on the National wildlife Refuge and postcards at local business locations, and invited all to participate and enjoy this site. 'The Mayor mentioned that the wildlife on the Armed Forces Training Base is incredible where animals go back and forth by means of culverts that run under the 405 Freeway. Ms. Sue Corbin, Seal Beach, made reference to the resolve of a recent employee lawsuit, that individual having worked for the City for a long time yet claimed she had been tormented in recent years, this should have been brought to an early close, the money spent could have gone a long way towards repair of curbs and streets and for services, a waste of money, this person should have had the right to work in a harassment free job environment, this has not been tried in or released to the press but the taxpayer is paying the bill. She claimed another case will be forthcoming that will be even more money yet again the Council will not want to announce it to the press, the Council has a duty to provide a harassment free environment, these people should be going to federal court and asserting their constitutional rights, federal court will not allow this. Ms. Corbin charged that sometime in the past the Public Works employees were harassed and told to not talk with anyone about what goes on in the City under threat of losing their jobs, this was on federal property and she made sure that Washington knew of it, the Council needs to stop this type of behavior and there should be a change of City Attorney. Mr. Reg Clewley, Seal Beach, made mention of the trees on Seal Beach Boulevard north of St. Cloud, his recollection was that Council directed that those trees be watered, they were watered once and never again, the trees south of St. Cloud have also not been watered but it has not yet been necessary to take them down, Target is now visible so that people can boycott and not patronize that store located in the area that has been butchered, and ironically once the trees were gone the shape of the ground on which the trees once stood and were protected has changed, equipment dug out the earth for drainage facilities under where the trees had stood, this same thing is now coming to the trees south of St. Cloud, trees that were protected under the development agreement, these issues never come to Council rather left to staff decisions. There being no further comments, Mayor Campbell declared the Public Comment period to be closed. I I PRESENTATIONS RESOLUTION NUMBER 4877 - SENIOR VOLUNTEER PROGRAM Mayor Campbell read in full Resolution Number 4877 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH PAYING TRIBUTE TO THE SEAL BEACH SENIOR VOLUNTEER PROGRAM." Boyd moved, second by Larson, to adopt Resolution Number 4877 as presented. 2-26-01 AYES: NOES: Boyd, campbell, Doane, Larson, Yost None Motion carried Mayor Campbell presented the Resolution to Chief Sellers with congratulations and appreciation directed to each of the volunteers. with reference to the more than one hundred thousand donated hours of service thus far, the Chief mentioned that it is estimated that the associated dollar value would be about $14 per hour or for this program $1.4 million of time over the past four years, the volunteers are instrumental in doing tasks that are difficult for regular employees to get to, they are appreciated. The Chief paid special tribute to Mr. Jim Deason for having surpassed five thousand hours of volunteer service, and to Mr. Larry Michaels, recently retired from the program, for his contribution of more than five thousand seven hundred hours over a period of five years, and described the various tasks performed by the volunteers. I WEST COAST ARBORIST PRESENTATION This presentation was requested to be postponed to a future meeting. ORANGE COUNTY URBAN WATER RUNOFF/WATER OUALITY Mr. Larry paul, Manager of watershed and Environmental Programs for the County of orange, this department created by the Board of Supervisors given their recognition of the importance of water quality issues, and noted that information had been provided Council relating to urban runoff. Mr. Paul reported that last year the Board, as part of the budget process, created a $250,000 matching grant program essentially for affected the coastal cities, and due to the overwhelming support from the coastal cities as well as interest expressed by the inland cities, this year the Board allocated $1 million in matching grants for urban runoff type projects, a letter was sent by the County Executive Officer to each of the City Manager's in Orange County bringing attention to the types of programs available, the water quality issue is not just a coastal issue, rather an entire County issue and as such the inland cities recognize their responsibilities, there is a description too of a process to address all of the related issues that can be dealt with in a comprehensive and collaborative approach which is the watershed approach under the interest of the Army corps of Engineers, this means there is a federal partner with a federal funding stream, costs shared by all of the cities. Mr. Paul noted that in the case of the Coyote Creek watershed it comprises fifteen cities and the counties, he has had discussions with Los Angeles county and will soon complete discussions with the Coyote Creek cities, offering that considerable support is being seen for this program and although $1 million is not a lot of money it is a start to do something, do it now, that is what this program is aimed at while mid and long term solutions are being explored, also, there are power point presentations that have been given to most of the cities and PDS coordinators which will help unfold this program and process. He noted that they are looking for applications to be submitted in April, cities can do an individual project themselves with a match or a sub- regional approach where more than one city collaborates on a project that has an impact on urban runoff and water quality, again, if the applications are received in April or even May there will be an attempt to get the monies to the cities by the end of the County fiscal year, June, in that way the I I I I I 2-26-01 cities will have the monies in hand in order to match for a project, there is then approximately a year to implement a project and report back. With regard to the identity of the cities that border the Los Coyotes Creek, Mr. Paul said those in Orange County that drain to the Creek are La Habra, Brea, Fullerton, Anaheim, Placentia, Buena Park, La Palma, Cypress, and Los Alamitos, that is not the entire watershed, it then crosses over into Los Angeles County which includes Artesia, Cerritos, La Mirada, Norwalk, Santa Fe Springs, Whittier, La Habra Heights, and an unincorporated area, meetings are being scheduled with the Los Angeles County cities to make this a two county, fifteen city watershed approach, including the regional water boards for both counties. To the question as to the operator of a treatment facility north of Coyote Creek and whether that facility has a 303 Permit Waiver, Mr. Paul advised it is the Los Angeles County Sanitation District, there have been talks with them, and to the 303 Waiver Mr. Paul responded he did not know, that would be issued by the Los Angeles Regional Water Quality Board. Councilman Boyd mentioned that the Orange County Sanitation District is presently processing a waiver application whereby the total of waste would not require both primary and secondary treatment, it would be one hundred percent primary and fifty percent secondary treatment before "it would flow into the ocean, therefore if the referenced facility is a Los Angeles County facility and they have the same permit waiver as Orange County that could be a lot of the problem realized in Seal Beach, in other words what is being released down the River is not both primary and secondary treated. Councilman Yost said he had looked into that rather extensively, the water that goes into the River is said to meet all of the drinking water standards with the exception of nitrogen, treated water is used for irrigation in Los Angeles County. Appreciation was extended to Mr. Paul for his presentation. RESOLUTION NUMBER 4878 - REGIONAL AIRPORT PLAN - SOUTHERN CALIFORNIA Resolution Number 4878 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALLING FOR A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA." By unanimous consent, full reading of Resolution Number 4878 was waived. Mayor Campbell noted that those in support of airport use of El Toro are asking that the issue be viewed as regional issue so that there can be an adequate plan for future airport capacity as each site basically serves a specific constituency. Campbell moved, second by Boyd, to adopt Resolution Number 4878 as presented. AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CONSENT CALENDAR - ITEMS "E" thru "L" Yost moved, second by Boyd, to approve the recommended for items on the Consent Calendar as presented. action E. 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. F. Approved the minutes of the regular adjourned and regular meetings of February 12, 2001. 2-26-01 G. Approved regular demands numbered 31104 through 31260 in the amount of $498,161.75, payroll demands numbered 1093l through 11067 in the amount of $150,640.43, payroll liability accounts 9000513 through 9000525 in the amount of $81,716.13, and authorized warrants to be drawn on the Treasury for same. I H. Received and filed the Monthly Investment Report for December, 2000. I. Denied the claim for damages of David Dix and referred same to the City's liability attorney and adjuster. AYES: NOES: J. Denied the claim for damages of Jessica Lengson and referred same to the City's liability attorney and adjuster. K. Denied the claim for damages of Edith M. Wilmoth and referred same to the City's liability attorney and adjuster. L. Adopted Resolution Number 4879 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AFFIRMING THE PLANNING COMMISSION's DENIAL, WITHOUT PREJUDICE, OF A REQUEST TO MODIFY THE CONDITIONS OF CONDITIONAL USE PERMIT 98-18 TO EXPAND OPERATING HOURS AND TO ALLOW LIVE ENTERTAINMENT ON A NIGHTLY BASIS AT AN EXISTING RESTAURANT AT 143 MAIN STREET WITHOUT A SPECIAL ACTIVITIES PERMIT (HENNESSEY's TAVERN)." By unanimous consent, full reading of Resolution Number 4879 was waived. I Boyd, Campbell, Doane, Larson, Yost None Motion carried ANAHEIM BAY DEBRIS REMOVAL The Director of Public Works presented an informational report to Council relating to the Anaheim Channel Debris Removal project, noted that funding was acquired for the project about two years ago through an appropriation in the State budget, the funding was in the amount of $50,000 yet was increased to $75,000, as a result of working with the Navy, environmental groups, Fish and Game, Fish and Wildlife, and Coastal Commission this has evolved into an environmental project, requirements placed to require the planting of native grasses such as eel grass and pickle weed. He mentioned that on January 22nd when the award of contract was brought to the Council there were bids that exceeded the authorized amount, the low bid of $89,100 excluded the planting item, at that time it was believed that additional funding could be obtained from the State however they have since informed the City that it will be a more lengthy process, also, one of the restrictions is that there can be no construction or work in the specific area past March 31st as it is the least tern nesting season which extends until August 15th, in recent discussions the feeling of the contractor is that they could not complete the work before March 3lst. The Director said staff is seeking direction from Council followed by a formal action at the next meeting, I 2-26-01 I an option could be to rebid the project, since it can not be completed before the restriction time, that may be an opportunity to refine the project and possibly obtain more acceptable bids, explaining that in fact several of the demolition contractors did not bid on the project because of its complexity, so'with further review it is thought that by separating the planting from the demolition project there may be more favorable bids, the other option would be to continue with the current bid, the City would need to fund the additional amount, at this time the project looks to be about $117,000 which could escalate to $137,000 dependent upon the cost of the environmental planting. The Director stated that the feeling at this point is that it would be best to wait, staff has been working on this for two years, staff as well as the residents of Surfside want this to happen, but the only way to move forward would be for the City to fund the additional monies yet there is no guarantee that there would be reimbursement forthcoming from the State, therefore at this time staff is leaning towards rebidding the project and wait to begin until mid-August. Since this is considered to be restoration of a wetland area with native grasses, etc., Councilman Yost inquired if there would be a way to seek funding through propositions 12 or 13 or the conservancies. The Director responded that there may be funding opportunities yet it would be like starting over, the State has indicated that if the City goes through their process there is a chance to obtain additional funds, they have two tiers of funding, one is up to $117,000 which is the City's low end, there could be a more lengthy environmental review required, also, pointed out that CalTrans environmental staff do not agree with the federal environmental staff, creating a conflict, it is thought that if the City can keep under the threshold of CalTrans there is a chance of getting the necessary funds, it will also be necessary to be creative as to how that money is spent to assure there is enough to do some planting, a lesser cost for the demolition is one as the $89,000 is felt to be somewhat high, the original cost estimates were around $50,000 to $60,000, there could be some savings and fall under the funding threshold, CalTrans has indicated a willingness to explore that however it could be a six month process which essentially coincides with the environmental restriction. Councilman Boyd asked if it is possible to reduce the scope of work of the project with the low bidder for possibly just removal of the concrete debris. The Director responded that the low bid already reflects the removal of the planting phase, that is how the bid was reduced to $89,000, that was because the planting costs varied from $10,000 to $40,000 which indicated ~ome problem with the understanding of the bid by the contractors, it is felt the contractors are not all that familiar with this type of project as it is quite specialized, other than that there are few items that could be reduced, possibly a small amount for the required fencing however it is felt there may be some concern by the Navy as there are certain things that they need for security, the fence work and debris removal is actually the bulk of the contract. Councilman Larson noted that for years one has had to look at the concrete debris left over from the Pacific Coast Highway bridge, this is something that discourages people, the City is dealing with the Navy, the Army Corps of Engineers, California Fish and Game, U. S. Fish and Wildlife, the Coastal Commission, they are not agreeing with one another, it is a shame that something can not be done, if rebidding would accomplish that he would favor it, noted that at a recent League meeting an individual very familiar with workings in Sacramento advised I I 2-26-01 that cities need not seek money for anything from the state this year as they are now in the electrical business, in this case it is embarrassing to see government not clean up a problem that they created. Councilman Boyd said if the desire is to move forward now it would be necessary to authorize City monies in the amount of $37,000, he would offer a motion to do so, the scope of the project would then consist of just the concrete removal yet it is said that could not be accomplished before the March 31st deadline. The Director offered that it is a logistics problem at this point, even if the project were started it would likely be necessary to have to wait through the restricted time period to complete it, the contractor could be approached to see if that could be done however that would likely increase the cost as it would be necessary to pay the contractor for the second set up. From that Councilman Boyd concluded that the option most desirable to staff would be to reject the bids, rebid for the concrete removal separate from the environmental work, to that the Director stated that staff will come back to Council with a report for the next meeting, as no action can be taken at this meeting, also it is necessary to advise the contractor of the intent at the earliest time possible. I Councilman Boyd requested Council consensus for staff to come back with a recommendation to reject the current bids, ask Council for an additional appropriation of funds, that for the reason that the $75,000 was obtained as a result of the efforts of former Assemblyman Scott Baugh, it did not require a local match, the amount needed for this project is close to what would have been required for a match, this so that this project can be accomplished as timely as possible during this year. To the question of Councilman Larson as to whether there is a contract, the Director advised that it was awarded contingent upon the State providing funds, and to the question as to whether there is a sunset clause on the $75,000, the Director responded that there is not, just recently CalTrans agreed to an extension for use of the funds, offering to extend for whatever period necessary. The City Attorney suggested that the motion be that staff bring forth a report relating to this matter for the next meeting. Councilman Boyd noted receipt of a letter from the President of the Surfside Colony Board of Directors. Mr. Kupinger, former three year Board President and member of the Board for six years, mentioned that the letter encourages the City to move this project forward as quickly as possible, this debris removal project actually started about six years ago, he has personally met with each of the commanders of the Naval weapons Station requesting that they do their part to accomplish the cement removal, the same request presented to the Public Works Director of the Base as well, it appears that the Base does not really care how it looks and in so many words indicated they would not help with the removal, yet the debris is an embarrassment to the community of Seal Beach. Mr. Kupinger commended the Seal Beach Public Works Director for his idea of seeking the funding from CalTrans, which has actually been accomplished, the money has been in hand for over a year yet there are conflicts between the various agencies, the concern is that as each day goes by this is going to be a more costly project, again urging that this project be done somehow this year. I I Councilman Boyd restated his motion to direct staff to bring forth a report relating to this issue for the next meeting. Councilman Larson seconded the motion. I I I 2-26-01 AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried PUBLIC HEARING / ORDINANCE NUMBER 1470 - ZONE TEXT AMENDMENT 01-1 - SECOND FLOOR DECKS - PLANNING DISTRICT FIVE Mayor Campbell declared the public hearing open to consider Zone Text Amendment 01-1 relating to second floor decks on certain properties in Planning District Five. The City Clerk certified that notice of the public hearing was advertised as required by law, and reported no communications received . relating to this item. The Associate planner presented the staff report, explaining that this is a request to amend the Zoning Code to reduce the second floor setback for residential properties with existing second floor decks within Planning District Five, as an example, when the homes were built in College Park East some had the option of having a second floor deck which extended off of one of the bedrooms into the front of the home over the front entry garage, the front yard setback for both first and second floors is eighteen feet however the decks protrude into the front setback area, current zoning does not allow an encroachment into the eighteen feet, the request is to allow the deck area to be enclosed to create habitable living space. He noted this came about as a result of a property owner seeking a building permit at which time staff informed the applicant it would not be allowed as a result of the encroachment into the setback, at that time the applicant informed staff that a number of properties in that area had similar situations and had in fact enclosed the decks, field research proved that that was the case, subsequently a check showed that building permits had been issued for those enclosures most of which were done in the early 1970's or early 1980's, none recently. The Associate explained that this request is to change the second floor setback for only those properties with the pre- existing deck condition and allow that area to be enclosed if the property owner(s) choose to do so to create habitable living space, it is estimated that about eighty-five properties in College Park East would be affected. The options for Council consideration are to reduce the second floor setback for only those properties with the pre-existing condition of a deck to allow enclosure yet no further encroachment into the front yard setback area, this having been the recommendation of the Planning Commission, alternatively, the second option would be no change, leaving the deck to be considered as legal nonconforming and for those that wish to enclose the deck it would require a variance to be sought from the Planning Commission. Mayor Campbell confirmed that she has not received comments relating to this request however is familiar with the home model, when College Park East was constructed about twenty percent of the northeast portion of the tract was the older homes then S & S changed to models with three different exteriors in the remainder of the tract, that could mean only about sixty-three models are impacted. She noted that the subject decks are not in the public right-of-way, this is pre-existing and only to enclose an area that already exists off of the master bedroom, the enclosures she has seen have been nicely done and she would have no problem with this proposal. Councilman Yost mentioned that in Bridgeport there are homes with second floor decks as well that face Schooner Park, persons have inquired of him about closing them, there is a restriction on the second floor setback relating to that, and asked if it is envisioned to change that or to apply this proposed change to that area. The Development Services Director responded that it would be necessary to 2-26-01 look at that, however in addition to zoning restrictions there are also CC&R's for that area that have limitations on second floor units, offering that he was not aware of that being an issue for Bridgeport at this time. Councilman Yost inquired as to the legal setbacks for College Park East, seeking assurance that this would not allow encroachment into the setback. The Director reported that the legal setback from the property line to the front of the dwelling for homes having a direct entry driveway is eighteen feet, a standard provision for College Park East, College Park West, and the Hill, this amendment would allow an existing deck that was built at the time certain models of homes were constructed yet encroached into the required setback by one to three feet to be enclosed as part of the living unit, but not allow the balcony to encroach further into the setback. To the question if there are other properties in the Hill area to which this applies, the Associate stated that the entire Hill was not researched yet staff is not aware of any to which this would apply. I Mayor Campbell invited members of the audience wishing to speak to this item to come to the microphone and state their name and address for the record. Mr. Frank Farrell, college Park East, the property owner seeking to enclose his balcony, said he wished to add that during the Planning Commission hearing Chairman Hood had made mention that he had sought the comments from other homeowners in the area, none of which indicated having a problem with this proposal, the same is so of his immediate neighbors. Mr. Reg Clewley, Seal Beach, claimed that this item has repercussions going back to ZTA 96-l where decks are allowed to be built, subsequently this will allow these decks to be enclosed, then the City will say there is nothing that can be done about it, because of this every house will be a box, every deck that is allowed, no matter the area, will be allowed to enclose the existing deck, even where the decks may have been constructed illegally, eventually there will not be an inch of open space anywhere in the town. He said the City hands over ADA rights to build to the property line without taking parking into consideration, persons have the right to request and they must receive permission under the ADA, they can have a parking space in front of their house painted blue and the City can say nothing about it. Mr. Clewley charged that it is wrong to allow these decks to be enclosed, some without permits, they were built to allow for some semblance of open space and views for their neighbors, now that will not be so with the closures, this is the wrong way to build a city, inappropriate building practices, rules should not be changed for anyone who wants to build more. Ms. Sue Corbin, Seal Beach, commended the brevity of the staff report and requested that the report relating to Item "0" also be brief, allowing more time for the people to speak. There being no further comments, Mayor Campbell declared the public hearing closed. I Boyd moved, second by Campbell, to approve the introduction and first reading of Ordinance Number l470 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING) OF THE CODE OF THE CITY OF SEAL BEACH REGARDING THE FRONT SETBACK AREA FOR THOSE PROPERTIES WITH PRE-EXISTING DECKS ON THE SECOND FLOOR OF THE RESIDENTIAL LOW DENSITY (RLD) ZONE (ZONE TEXT AMENDMENT 01-1)." By unanimous consent, full reading of Ordinance Number 1470 was waived. I 2-26-01 AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried I RECESS It was the order of the Chair, with unanimous consent of the. Council, to declare a recess at 8:18 p.m. The Council reconvened at 8:31 p.m. with Mayor Campbell calling the meeting to order. I PUBLIC HEARING / ORDINANCE NUMBER 1471 - HELLMAN RANCH SPECIFIC PLAN - FIRST AMENDED/RESTATED DEVELOPMENT AGREEMENT Mayor Campbell declared the public hearing open to consider the first amended and restated Hellman Ranch Development Agreement. The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, and reported receipt of one communication from Mr. Reg Clewley in opposition to this matter. The Director of Development Services presented the staff report, explained that the proposed ordinance would amend the Development Agreement that was adopted by the Council in 1997 relating to the Hellman Ranch property, once the City approved this project it went before the Coastal Commission, approved by the Commission, that approval was challenged by a number of parties, and litigation followed. The Director stated that the staff report includes a copy of the settlement agreement reached and signed by all parties relating to the reconfiguration of the project, the major changes being the elimination of the golf course which in turn eliminated impacts to the wetland areas, instead of the golf course there is a one hundred acre, twenty-five year, deed restricted area for future wetland restoration, open space, and environmental education purposes, elimination of commercial land uses on the State Lands property, and allows for the development of the seventy homes on the bluff area along Seal Beach Boulevard. The Director noted that the item before the Council would adopt an amended and revised Development Agreement, the proposed Ordinance amended to reflect an additional Section 7 relating to the environmental analysis and indicates that this project has no new impacts that were not evaluated under the previous EIR, in fact less impacts on the environment than the previously approved project, copies of the revised Ordinance provided to the Council. The Director explained that this project will result in no impacts to approximately twenty-seven acres of degraded wetland habitat on the property in accordance with State criteria, the habitats include coastal marsh, alkali meadows, alkali flats, seasonal ponds, and brackish tidal channels, additionally the project will result in no impacts to approximately thirty-two hundred plants of the annual southern tarplant species and over one thousand plants of the annual coulters goldfield species which are on the property however not thought to exist prior to the evaluation of the project, the project will also reduce impacts to a nesting pair of Belding Savannah Sparrows in fact will not eliminate their habitat on the property. The EIR for the previous project found that the golf course would have a number of impacts to biological resources including short term loss of habitat during construction, permanent loss of some foraging habitat that currently exists on the site, and impacts from the use of pesticides for the golf course on the wetland areas, none of those impacts will occur since there is no golf course development, this project will also result in a reduction of daily vehicle trips from the project from what was previously evaluated in the EIR as approximately twenty- four hundred trips per day to approximately eight hundred I 2-26-01 twenty trips for the residential development, some trips are allocated in that for visitors to the wetland area when restoration occurs. The Director mentioned that the staff report goes through an analysis of the reasons for this item being back before the Council, Section 6.1.2 of the Development Agreement relating to modifications to the Agreement requires that if other permitting and reviewing agencies require modifications to the project, the City can not unreasonably withhold approval of those modifications, in this case the matter was litigated so there is a court issue as well as a Coastal Commission amended permit issue that are involved in this process, the project as amended will allow the seventy single family homes to proceed, there are a number of mitigation measures that remain applicable to the project both from the City's approval through the EIR mitigation measures as well as the amended conditions approved by the Coastal Commission when their permit was amended based upon the terms of the settlement agreement. A typographical error was noted in Section 2.4.2 of the Development Agreement, the word 'night' should be 'right'. Mayor campbell invited members of the audience wishing to speak to this item to come to the microphone and identify themselves. Mr. Jerry Tone, Hellman Properties, commended staff for their outline of the project changes, noted that the passage of time may have made it necessary to review the benefits to the City from this project, for one, the dedication of Gum Grove Park to the City as it is currently owned by the Hellman Family, a significant cash contribution made to help with the maintenance, operations, and improvements to the Park, a contribution to improvements and finalization of the Seal Beach Boulevard median strip, that in addition to other improvements along Seal Beach Boulevard such as the construction of sidewalk from Lopez Drive to Bolsa, there are a number of things as a result of this project, yet most importantly is the wetland area, the first step in that process is acquisition of the property, there is a willing seller, a willing buyer, a willing and exciting funding mechanism through Props l2 and 13. He mentioned that a recent news article reported that the Coastal Conservancy has said they have money but no projects, his response is that there are projects, the Hellman project is ready to go which is exciting, also, there is broad State policy support for this, as most may know, for the State to buy a piece of conservation property there is a process which is called a Land Acquisition Evaluation, the document is exhaustive, it has biological analytics, strategic analytics, funding analysis, a whole series of aspects that goes into that paper and is required of every project, however for the second time in the history of California this process is being waived in the interest of supporting the local policy deliberations, for example, the Southern California Wetlands Recovery project has named the Los Cerritos Complex Project as its number one priority, about ten days ago the Director of the Department of Fish and Game announced that he is not going to require a Land Acquisition Evaluation, rather, take the recommendation of the Policy Taskforce as his guiding policy decision, this will eliminate of tremendous amount of red tape on this project, of importance now is to seize this policy opportunity and move on this acquisition possibility. Mr. Tone noted that he is also working with the wildlife Conservation Board, had a long discussion this date with the appraiser of the property, he is ready to move forward and it is hoped that can be completed in the next couple of months, that too is a big step in the right direction, the other is I I I I I I 2-26-01 the long term steward of the property. Mr. Tone said his hope is that once the acquisition is done and the restoration plan is implemented that a wetlands monitoring program can be established by the San Gabriel River Conservancy, this would be an opportunity for the Conservancy to have as its first major project the number one priority of the Wetlands Taskforce, have it here in Seal Beach, he would like to work on having that happen. Mr. Tone said his expectation has been that this wetlands acquisition has been the number one priority of the community as it relates to the entire Hellman Ranch project, for the first time they are ready to go, the approval of the modifications are necessary to go forward, and it seems that going back ten years to the administration of Mayor Forsythe and her work even prior to that is that the objective was to secure final resolution of the lowlands of the Hellman Ranch, that is now here. Mr. Tone expressed appreciation for Council support. In the event that this is approved, Councilman Yost asked Mr. Tone if he would continue to be involved in the process of having this land acquired and restored, the response of Mr. Tone was affirmative. Ms. Seretta Fielding, a member ot' Seal Beach Boulevard Improvement Group, stated that this is a great opportunity to continue with the action taken a couple of weeks ago, continue to improve Seal Beach Boulevard, her belief is that the Hellman project is sensitive to the needs of the City and environmental concerns, they have put together a great project, and it is hoped that the Council vote is unanimous. Mr. Don May, California Earth Corp, Wetlands Action Network and LCP, plaintiffs in the litigation mentioned, also the Los Cerritos Wetland Taskforce, said he was delighted to be in full agreement with Mr. Tone, he accurately described a thirty-five year long trail that has finally been brought to this and he would look forward to getting on with the restoration. Mr. May noted an,earlier discussion with regard to storm water runoff which on the Los Angeles County side is called Standard Urban Stormwater Mitigation Plans, and he would congratulate Hellman for going above and beyond the call of duty in creating a very good SUSMP for this area. All of that said, Mr. May said at the Coastal Commission he felt almost all of the concerns with regard to the property were resolved however some disagreements that remain, one of the things they would look forward to is an opportunity to present to the Council their thoughts for what an expanded and full restoration of the Orange County side of the Los Cerritos wetland would be. He again said there are some problems or opportunities that still need to be resolved, some issues that are vital to Mr. Tone, to the interests of his groups, and to Island Village, that tied together through the First Street extension and the California Edison right- of-way. Mr. May referred to a small map that, in part, showed three major issues that remain, what is shown is their restoration plan for the full four hundred acres on the Orange County side and the Bixby and Bryant properties on the other side, stating that is crucial to the acquisition and inclusion of the Los Alamitos Retention Basin and Rossmoor Basin as part of that, an additional one hundred seventy acres, but it does more than that, presuming that the Council has looked at the Moffat and Nichol study that was done for the restoration, the cost of that is an option he would prefer which reduces the cost from $36 million to about $18 million by finding an inexpensive place to put the four to ten feet of overburden that is out there, in order to do that, and parenthetically in order to greatly reduce the flood risk and increase flood protection, particularly for Leisure World and Rossmoor Estates, it is important to clamp 2-26-01 the entire restored area to sea level so that storm water can be rapidly exhausted, all of that, the financing, permitting, construction, etc. depends on full tidal access up to the Los Alamitos Retention Basin so that the levee can be removed, there is need to acquire these areas as part of the additional required acreage so that thee is full tidal flushing all the way to the additional acreage. He noted also the oil production area that he would presume Hellman would assure is vital to their interest, they need the ability to recover all of the oil from that area, also, running through the middle is the First Street extension right-of-way which is vital to Island village as an ingress/egress in the instance of a seismic event or whatever, the right-of-way runs through the middle of a restored wetland in fact breaks across where there would be water flow, these issues still need to be resolved, there are three people who have a vital interest in these three problems, yet there is some commonality, there is a way that they believe by moving the access road over along the Haynes forebay that would allow full access for oil production, for Island village, and moves the right-of-way out of the middle of the restoration. Their belief is that parties working together in good faith can resolve these issues, it is hoped that the Council would be a participant, they would look forward to working cooperatively, with all parties to resolve the gray issues that remain with regard to the Coastal Commission permit. Mr. May acknowledged that there were some errors on the map he was making reference to. Mr. Tom Dutton, Surf place, thanked City staff and the Hellman family for their diligence and perseverance with this project, he was disappointed that the golf course did not go through however having gone through prior plans this project is probably the best. Mr. Dutton said he is in favor of this plan and believed he speaks for his neighbors as well. Mr. Gordon Shanks, Surf Place, stated he did not believe there is much more to be said over and above what was said before the Planning Commission, Council, and Coastal Commission, the plan looks like what the community wanted and worked for, the past ponderosa Homes proposal was thirteen hundred units, this is reduced to seventy, there may be some who contend that even seventy is too much, yet there needs to be a bottom line, the City worked with the developer for a plan, it did not go entirely as wanted, however with this plan the City and certainly the environmentalists have come out ahead, this has been won, there is no need to fight for more, Council should give its approval as this is an improvement, a good project for the City. Mr. Bob Henan, Crestview Avenue, noted the many comments about wetlands, his feeling is that this is a great project, a compromise, everyone is a winner, would ask that the Council do due diligence however with regard to the homes that will be built, and inquired as to the lot sizes. The Development Services Director responded that it is believed the minimum lot size is 6,500 square feet to about 13,000 square feet at the end of the cul-de-sacs, the average about 7,000 square feet. I I Mr. Doug Korthof, Seal Beach, acknowledged that this is a better project than before, it was good to see Mr. Tone enthusiastic with the project, all should be enthusiastic about the restoration project that will take place, any time one can see Mr. May and Mr. Tone on the same side that is good. Mr. Korthof said however there are still seventy houses, there is an inconsistency, at Bolsa Chic a the houses were not allowed to intrude upon the environmentally sensitive habitat area which is the mesa, there needs to be I 2-26-01 I some uplands in order to have healthy wetlands, there used to be a huge wetlands area in Long Beach before it was destroyed, some mitigation for the destruction created Simms Pond which is no more than a duck pond because it does not have the surrounding upland habitat, coyotes too are essential for a healthy wetlands as they chase away the skunks and possums that eat the eggs and birds, they also chase away the foxes. Mr. Korthof stated that the Long Beach Sierra Club has looked at this project and asked that the Council consider four issues and defer consideration and approval of the houses, first, 'the intention of the County Parks for purchasing the mesa as part of the wildlife park is not clear, second, the settlement agreement has not gone back to court therefore not approved, third, an archaeological report has not been completed, submitted, or approved, and last, the Coastal Commission has not approved the coastal development permit at this point, again, the problem is the seventy houses. From the standpoint of the residents of the Hill, what are they getting for this, every land owner has a right to develop their property to the highest and best use, but from the residents standpoint what is going to happen, there will be an opening of Gum Grove Park from Seal Beach Boulevard which will increase the enforcement problems in the Park, in exchange for building the houses the Park will need to be opened up, there will be a sidewalk on Seal Beach Boulevard and some trees, it does not seem to be a reasonable project, the City should have had the entire project redesigned to fit in with the Los Cerritos wetlands restoration project. Again, a portion of the uplands are needed, a passageway to have the Los Cerritos wetlands on one side, the San Gabriel wetlands on the other side, the Hellman wetlands, and he would be supportive of naming the area the I. W. Hellman Wetlands to bring in a historical aspect as well as a memorial to the Native Americans on the mesa, and as he said, ecotourism is going to be very big. In reference to the remains of the bridge discussed earlier, suggested to lower the cost of removing the concrete people who volunteer on the wildlife Refuge would be willing to help. Mr. Korthof again asked that this amendment not be approved without diminishing the houses to the point where there can be a wildlife corridor across Seal Beach Boulevard via a subterranean passageway so that the wild animals can go back and forth. Mr. Reg Clewley, Seal Beach, said he is more skeptical than others as to what is actually being purchased by approval of the development agreement, the development agreement allows seventy houses, that is all, the City will pay $75,000 or more for a sewer pump station, has already paid $400,000 for the median work for Hellman's property, will put in a sidewalk along Seal Beach Boulevard yet wheelchairs can not get down Catalina Avenue because of the sidewalks that are raised and dangerous, people with wheelchairs can not even attempt to transverse Seal Beach Boulevard to go to the Market Place along Pacific Coast Highway, the City is failing to take care of what exists for the current homeowners, rather, the City is purchasing nothing, homes are revenue neutral, opening Gum Grove from the Boulevard will create substantial policing costs, now the City does not even send a patrol car to ticket those entering the Park from Avalon with dogs running loose every day, there is vandalism in the Park by youths with shovels digging trails for bikes and skateboards, yet this is supposed to be a nature park and then there will be a larger wetlands to protect, the Coastal Commission said the City is responsible otherwise the Park will revert back to the Hellman family. Mr. Clewley noted that the gate to the Park at Avalon is to I I 2-26-01 be locked and opened each day, a gate will be necessary at Seal Beach Boulevard as well, the City does not have the final say, this needs to go back to the Coastal Commission, approval of this proposal is premature, his comments in full are contained in his communication to Council, they will be heard again and if necessary go to court. Ms. Janice Dahl, Long Beach resident backing to the Los Cerritos wetlands, said for years she has supported saving the wetlands, is pleased to see progress being made. Ms. Dahl stated the remaining piece that needs to be resolved is the seventy homes, if built it will be a irreversible missed opportunity, the wildlife corridor is invaluable to the health of the wetlands, most people do not understand the mechanics of how wetlands operate to the benefit of all, if there are no coyotes and other predators it does not work, they take care of the feral cats, foxes, etc. from over-running the area, the extension from the Refuge to the Hellman property to the Los Cerritos will be a wonderful wetlands restoration, something that people from allover the country will come to visit, it will bring in more revenue than the seventy homes, and be enjoyment for all. Ms. Dahl emphasized that the upland area is a critical component to the wetlands, a number of problems will be realized if the seventy homes are built and that habitat is lost, once gone you can not get animals there to keep the scientific balance of the ecological area. Mr. Jay Vandevelde, Crestview Avenue, expressed his concerns as to the placement of the public access trail that is required by the Coastal Commission, whether it will be closer to the Marina Hill homes or the new homes, that could create a negative impact on Hill residences and a policing problem. He inquired as to the height of the homes, recollection was that with the golf course plan they were between thirty-two to thirty-five feet, that was with considerable grading, his understanding is that now there will be less grading therefore asked if that will raise the height in relation to the Hill homes, there is also a storm drain on Crestview that drains onto the Hellman Ranch just east of Gum Grove, there is standing water year-round which will create a hazard if the Gum Grove area is opened up. As to the trail into Gum Grove Park, the Director of Development Services stated that plans have not commenced that would identify the specific location, when completed those plans will go to the Recreation and Parks Commission prior to being considered by Council. Mayor Campbell clarified that the City did not support opening Gum Grove Park from the east end, in fact spoke against it before the Coastal Commission. Ms. Fran Johnson, Coastline Drive, asked if someone could write to the Coastal Commission and oppose that opening, it should not be open, there will be more kids, vandalism, etc., it was once said that to access the oil fields there might be a road down the other side of the houses but if they are going to be built maybe that will no longer occur, the project as a whole is alright even though she would prefer fewer houses, and as to the trees at Bixby, it was said eighty percent would stay but now eighty percent are gone. Council concurred that they too are not pleased with the tree situation. With regard to the archaeological monitors for the Hellman site, Ms. Sue Corbin, Seal Beach, said the previous lawsuit should have been filed in federal court as it would have likely prevailed, the Coastal Commission and the judge directed that this proceed, it is premature to approve this development agreement because the parties have not agreed, they have to come back with regard to this lawsuit, so this may need to be done again, the archaeological survey has to go forward and care must be taken as to who is allowed to act as monitors, I I I 2-26-01 I there has been some discussion as to which Native American tribe this will be assigned, it is not felt this has been decided in a proper manner. Ms. Corbin complained that public hearing staff reports are not available soon enough for public review, the reports should be available for several weeks, she also commended Mr. Tone for seeing the light with regard to the Hellman land, however he will have twenty-five years to sell the wetland property. Ms. Corbin said the project is starting to come together but unfortunately there is the issue of the houses, this is a large causeway for the birds, one big unit, but when the birds and animals can not get from one area to another the wetlands start dying, they need to move between the small isolated pockets, there is nothing to demand that Mr. Tone sell the property, yet he states the benefits and is moving ahead, the monitoring and archaeological survey are very important, that needs to happen properly. Ms. Ann Dennison stated she is a member of the Los Cerritos Wetland Taskforce, their goal is to acquire and restore the Los Cerritos wetlands and it is believed that acquiring the Hellman property will provide an important addition to the wetland corridor of the Seal Beach National wildlife Refuge, she is also a member of the Sierra Club, the Club believes that this should not be fast tracked, the four issues have not been resolved, the Coastal Commission permit has not been approved, the archaeological report has not been completed, if Native Americans are buried there the plan will need to be changed, the settlement agreement has not been approved by the court, the Orange County Parks and Recreation and other agencies should have the opportunity t9 purchase some of the mesa, for all these reasons they believe that the proposed Hellman Ranch Development Agreement Amendment should not be approved. Mr. Luscious Martin, Crestview Avenue, across from the site and Gum Grove Park, about ten year resident, said in his opinion it is time the City come together to protect the resources and the land within the City boundaries, he has noticed that some of the herons and egrets have started to drift away due to feral cats, dogs, kids with air guns, bows and arrows, etc., it is important to put this corridor together, this would bring the possibility of ecotourism, there are some natural resources to be saved for the future, having worked with the Bolsa Chica for about five years he knows how crucial it is to protect the upper mesa for the entire wetland habitat, the project is great but there is need to preserve more of the mesa. Mr. Martin mentioned that he is an archaeology student and his feeling is that it is important to keep in contact with the Gabrieleno and Tonga Native Americans that once inhabited this site, some sites have been uncovered at the Bolsa Chic a mesa, also at Long Beach State, it is also felt that at one time there was an important Native American village that stood on the Seal Beach hill area, it is important to have monitors on site while the archaeological survey is going on. I I Mr. Dave Bartlett, representing Hellman Properties, said with certainty that the involvement of Mr. Tone will go beyond the acquisition process for the wetlands parcel and well into the design and implementation, he will see it through and the Hellman Family will be involved until completion of the process. Mr. Bartlett advised that a Coastal Development Permit has been issued by the Coastal Commission, signed by Mr. Tone and Mr. Schwing, to undertake the archaeological investigation and it included the monitoring requirement, the monitors have been selected in accordance with the Native American Heritage Commission and the Seal Beach 2-26-01 Archaeological Element of the General Plan. He noted the Development Agreement does consent to the transfer of this parcel to the wildlife Conservation Board, that process, as Mr. Tone has reported, has been started and is well underway. With regard to the project and its location, specifically next to one of the most active military installations on the west coast, if not Southern California, the Naval weapons Station, believed to be over five hundred people who work there, there are facilities, active transfer of weapons to and from the facility, it is believed that shows how limited development can co-exist with open space uses, to the uplands issue they recognize that uplands have a very important habitat value to wetlands, as this project represents, of the one hundred fifty acres ultimately, including the oil production property, over eighty percent is uplands therefore the raptor foraging and wildlife issues brought up by some speakers will be addressed by the saving of those upland areas. with regard to the grading issue, there was approximately one million six hundred thousand cubic yards of dirt to be moved by the previous project which is now about four hundred thousand cubic yards, the grades have been modified slightly, the site approximately three feet higher as a result of less grading, yet the requirements of the Specific Plan for a twenty-five foot height for the homes adjacent to the existing residential area and up to thirty feet in the other areas will still be complied with. In reference to the parking area for Gum Grove Park the entrance will be as close to the proposed subdivision as possible in order to limit the impacts, and in talking with Chief Sellers this date he did not express any issues with regard to patrolling the area from a vandalism standpoint. Mr. Bartlett said it has been a wonderful honor to be involved in an environmental project such as this. To the inquiry of Councilman Yost as to dwelling height, the Director of Development Services stated that the Hellman Specific Plan allows a twenty-five foot height limit for the homes closest to the Hill area, those further away are allowed to be thirty feet, that was approved by the Council in 1997 with the adoption of the amended Specific Plan. There being no further comments, Mayor Campbell declared the public hearing to be closed. I I Councilman Boyd noted comment from a speaker that the County Harbors, Beaches and Parks Commission has not had an opportunity to look at this issue, to that he said that statement is incorrect, he serves on that Commission and represents the coastal cities of Orange County, the project has been looked at in depth, the issue is funding, the inland parks and major reserves were depleted last year, it is hoped there will be an infusion of about $3 million this year, he would recommend to the Commission participation in restoration of the lowland properties once acquired, but there is no interest in participating in acquisition of the mesa for the reason that it is not outlined in any development agreement or specific plan, it is currently slated for development, and is not available, that is an issue that does not need to be discussed. With regard to the parking lot on Seal Beach Boulevard, the Council has addressed that, it is not thought to be of significant size, it has been positioned as far as possible from the homes, basically in the vicinity of Forrestal which comes across from the Naval Weapons Station, and likened this to the mile and a half of beach where there are one hundred sixty-seven homes Seal Beach proper and three hundred homes in Surfside that exist adjacent thereto, the beach has the same issues of I 2-26-01 security, patrol, and access to homes, his feeling is that the Park needs to be protected through utilization not through means of cordoning it off and telling people they can not go there, if necessary the existing rules need to be enforced better. I Councilman Boyd moved to approve the introduction and first reading of Ordinance Number 1471 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE "HELLMAN RANCH SPECIFIC PLAN"." By unanimous consent, full reading of Ordinance Number l471 was waived. Councilman Doane seconded the motion. I Councilman Yost stated he wished to amend the motion to require that the height limit for this project be consistent with the City as a whole at twenty-five feet, he had thought that that change had been made previously. Councilman Yost noted his involvement with the Hellman land for years as was his predecessor, his feeling is that this is an excellent project for the City, when he became involved he had three goals, that wetland restoration take place, this project does that, that it happen sooner rather than later, this project does that, and that there be resolution for all of the Hellman property, under the previous plan the oil production area was slated for low to moderate income housing, under this project that area will be deed restricted for wetland acquisition for twenty-five years at such time as that land ceases oil production, that was something unexpected, realized from the Coastal Commission at the end of the hearings. He noted this project was approved by the Coastal Commission by a unanimous vote, he is willing to support the project, his feeling is that it has been done environmentally sensitively, and feels certain that Mr. Tone will stay with the project to assure that it is sold for wetland acquisition. I Councilman Yost restated his substitute motion to approve the project with an amendment to the height limit for the homes to conform with the remainder of the City. Mayor Campbell seconded the motion. Councilman Larson expressed concern with changing rules in the middle of a process, the currently reflected height limits have been the understanding of the developer for several years, therefore he would not vote for the substitute motion. The City Attorney clarified that the provision that allows the height limit to exceed twenty-five feet is set forth in the Specific Plan rather than the Development Agreement, therefore if the substitute motion is approved the staff would need to bring an amendment to the Specific Plan back to the Council. To question as to height limits in College Park East, the Development Services Director responded that the general height limit is twenty- five feet, the coastal area has a height limit of twenty-five feet on lots that are less than thirty-seven and a half feet wide, for lots over thirty-seven and a half feet wide the rear half of the lot can go up to thirty-five feet. Vote on the substitute motion: AYES: NOES: Campbell, Yost Boyd, Doane, Larson Motion failed Vote on the motion to approve the introduction of Ordinance Number 1471 as presented: 2-26-01 AYES: NOES: Boyd, Campbell, Doane, Larson, Yost None Motion carried CITY ATTORNEY REPORT There was no report presented. CITY MANAGER REPORT There was no report presented. I COUNCIL COMMENTS Councilman Doane said he is hopeful that the Ad Hoc Parking Management Committee will hold its first meeting soon. Councilman Yost said he too is not pleased with the removal of the eucalyptus trees, the Council worked hard to see that seventy percent of them were saved, he could not believe that Bixby would want to upset the community by doing that, they can however repair the area with a replanting program and he awaits seeing what that program will be like and he wants assurance that staff will stay on top of the replanting program, he would urge staff to bring politically sensitive issues such as the trees, where more people were concerned about the trees than any other issue with the Bixby project, to the attention of the Council. with regard to the replanting ratio, the Director explained that the ratio is four to one for eucalyptus trees, two to one for other types of trees, the specific size of tree he did not recall. Councilman Boyd mentioned that there was an incident of flooding last week on the easterly end of town, some significant water was realized as a result of the County pump station failure, those are new pumps, installed about two years ago, it is understood the situation is corrected which occurred as a result of a power outage that affected the sensor system, it is believed the City will be working with the County to possibly put some type of additional monitoring in place. Councilman Boyd asked again that anyone wishing to receive his newsletter to send him their e-mail address. Councilman Larson reported having had a meeting with Councilman Colonna of Long Beach in an effort to resolve the problem relating to the entrance to College Park West on College Park Drive, the people live in Seal Beach, the entrance to the roadway is in the City of Long Beach and is partially under the jurisdiction of the Division of Highways, it is believed that some type of solution can be found to at least get an acceleration lane and a left turn lane as it is a dangerous intersection, a previous proposal to open up another entrance is not acceptable to the City of Long Beach nor to those residing on Harvard Lane as that would necessitate the removal of homes in both cities. He and Councilman Colonna will be meeting with their respective engineers. Mayor Campbell inquired if a letter has been forwarded to Bixby relating to the Operating Memorandum, the response of the Development Services Director was that it has been forwarded to the Bixby Ranch Company, they have not responded as yet, and confirmed that the Memorandum does contain a request for funds to remove the block wall along the Navy golf course. with regard to the eucalyptus tree issue, Mayor Campbell noted that last year she witnessed a bulldozer cutting a trench of four to five feet deep along the easterly side of the windrow, that cut off the water to the trees, accelerated their demise, when the trees were taken down for the entrances to the shopping center that too accelerated their demise because when a tree. is taken out that damages the trees on either side, but the worst was the lerp psyllid, the eucalyptus trees are not native to California and the lerp psyllid has no natural enemies here, I I 2-26-01 I they have decimated the red gum .eucalyptus trees in Southern California, the Bixby grove no exception, the report from the arborist cited the trees north of St. Cloud as having a survival rate of between thirty to forty percent, there was also the issue of liability with the potential of falling dead, or damaged eucalyptus limbs. The problem was that the trees had no water, the root systems disturbed and they were being destroyed by the lerp psyllid, it was necessary to take them out however it is going to be assured that Bixby will adhere to the'agreement, also, the replacement trees will not be all red gum eucalyptus, the City does not want to go through a diseased grove again. With reference to an approximate thousand trees in Dana Point that were lost as a result of the lerp psyllid, the City Manager noted that the wasp that was released had a marginal effect, it is not a proven fact that the wasp would be totally successful against this disease. Mayor Campbell described her experience with taking a sample branch from the windrow, enclosed in plastic and the lerp psyllid seemingly hatched en route. She stated that it is sad that the trees are gone but now it is important to get the new trees planted at the earliest, that is about all that can be done, also, the trees south of St. Cloud do have water, their roots have not been disturbed, their survival is estimated at about seventy to eighty percent, the arborist is said to have spotted only two wasps, that will not save the grove. Councilman Boyd reported that Assemblyman Ken Maddox has proposed legislation that may be adverse to the ability to continue to participate in the governance of the Orange County Fire Authority thereby effecting how the City spends about $3 million of its budget, he will be working with staff to draft a letter similar to letters of other OCFA member cities opposing any change and posing questions for his response, that will be brought to the Council at next meeting. Councilman Boyd announced that a labor contract has been reached with the .OCFA seven hundred seventy-three firefighters, a five year labor agreement, it is beneficial to all parties, the contract ratified by a twenty-two to one vote of the OCFA Board. Councilman Larson commended Councilman Boyd as OCFA Board Chairman and the other cities as to the professional manner in which the negotiations were handled under somewhat difficult circumstances. I ADJOURNMENT It wa~ the order of the Chair, with consen~ of the Council, to adjourn the meeting until Monday, March 12th at 6:00 p.m. to meet in Closed Session. 'By unanimous consent, the meeting was adjourned at 9:58 p.m. Attest: clerk I Approved: