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HomeMy WebLinkAboutCC Min 1988-09-06 8-15-88 / 9-6-88 CLOSED SESSION No Closed Session was held. ADJOURNMENT Laszlo moved, second by Risner, to adjourn the meeting at 9:50 p.m. I AYES: NOES: ABSENT: Hunt, Laszlo, Risner, Wilson None Grgas Motion carried ~ . ' Q.<~~ . City Cl and ex-off' .. ' of the ~o{ seal Beach Attest: I Seal Beach, California September 6, 1988 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Hunt calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hunt Councilmembers Laszlo, Risner, Wilson Absent: Councilmember Grgas Councilman Grgas arrived at the meeting at 7:03 p.m. Also present: Mr. Nelson, City Manager Mr. Ennes, Assistant City Attorney Chief Stearns, Police Department Captain Garrett, Police Department Captain Maiten, Police Department Mr. Jue, Director of Public Works/ City Engineer Mrs. Yeo, City Clerk I WAIVER OF FULL READING Wilson moved, second by Laszlo, to waive the. reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all 'Councilmembers after "rea:din9' 'of 'the "Htle unless specific request. 'is inade' at. that t'ime for the 'reading of 'such ordinance or resolution. .' AYES: NOES: ABSENT: Hunt, Laszlo, Risner,'Wilson None Grgas Motion carried 9-6".88. ASSISTANT TO THE CITY MANAGER The City Manager introduced Mr. Robert Archibold who joined the City staff this date as Assistant to the City Manager. Councilman Grgas arrived at 7:03 p.m. PRESENTATION - EMPLOYEE GOLF TOURNAMENT Mr. Bob Eagle, Public Works Department, presented Mayor Hunt with the Low Gross Men's Award earned at the July 30th mid- summe~ golf tournament organized by the Public Works I Department. Mr. Eagle extended appreciation to members of the Council, staff, family and friends for their participation in the event. PRESENTATION - POLICE DEPARTMENT COMMENDATIONS Chief Stearns, with the assistance of Captains Garrett and Maiten, presented Police Department plaques of appreciation and commendation to Phillip Fife, Planning Commissioner, Bill Foster, Irvine Ranch Water District employee, Michael Bernardin and Pedro Barra, California Highway Patrol Officers, Richard Reyes, Seal Beach Union Station employee, Nader Dianat and Jim Dianat, employees of Jim's Chevron Station, for acts of heroism relating to a fatal incident that occurred August 23rd involving Seal Beach Police Officer Ed Clavell. PROCLAMATIONS Mayor Hunt proclaimed September 17th through Ocotber lOth as "Coastweeks" in California, and October I, 1988 as "Adopt A Beach" California Coastal Cleanup Day. Mayor Hunt proclaimed September 16, 1988 as "National POW/MIA Recognition Day." ORDINANCE NUMBER 1277 - REGULATING AQUATIC ACTIVITIES - I BEACHES AND. PIERS , Ordinance Number 1277 was presented to Council for second reading entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO BEACHES AND PIERS." By unanimous consent, full reading of Ordinance Number 1277 was waived. Wilson moved, second by Risner, to adopt Ordinance Number 1277 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried RESOLUTION NUMBER 3809 -.ESTABLISHING WATER SERVICE RATES Resolution Number 3809 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING WATER SERVICE RATES AND RESCINDING RESOLUTION 3723." By unanimous consent, full reading of Resolution Number 3809 was waived. Risner moved, second by Wilson, to adopt Resolution Number 3809 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried RESOLUTION NUMBER 3810 - SIGNATURE AUTHORIZATIONS I Resolution Number 3810 was presented to Council ~ntitled "A RESOLUTION'OF THE CITY ,OF' SEAL' BEACH, CALIFORNIA, PROVIDING AUTHORIZATION TO SIGN DEMANDS AND CHECKS FOR, THE WITHDRAWAL OF FUNDS ON DEPOSIT WITH THE BANK OF.AMERICA,'SECURITY . PACIFIC NATIONAL BANK, CROCKER BANK AND FIRST INTERSTATE BANK: AND AUTHORIZING ALTERNATE SIGNATURES AND RESCINDING RESOLUTION NUMBER 3786." The staff noted that the Resolution reflects the deletion of the signature of the former Assistant City Manager, and explained the City's 9-6-88 policy requiring one original and two facsimile signatures on all demands. Wilson moved, second by Risner, to adopt Resolution Number 3810 as presented. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I CONSENT CALENDAR - ITEMS "H" THROUGH "R" The City Manager requested that Item "H", award of bid for Eisenhower Park brick pavers, be removed from the Consent Calendar for a report from the Director of Public Works, and Councilmember Risner requested that item "I", minutes of the August 15th Council meeting, be held over until next meeting. Risner moved, second by Wilson, to approve the recommended action for items on the Consent Calendar, except Items "H" and "In, as presented. J. Approved regular demands. numbered 71376 through 71549 in the amount of $587,522.98, and payroll demands numbered 31670 through 31868 in the amount of $195,891.69 as approved by the Finance Committee, and authorized warrants to be drawn on the Treasury for same. I K. Denied the claim of Vincent A. Konecny and referred same to the City's liability adjuster. L. Denied the claim of Victoria Richards (Alvine Richards) and referred same to the City's liability adjuster and attorney. M. Denied the claim of David E. Cochran and referred same to the City's liability adjuster and attorney. N. Denied the claim of Tony R. Perez and referred same to the City's liability adjuster. O. Acknowledged the resignation of Mrs. Anne Springate from the Department of Water and Power Advisory Committee'representing Councilman District Two, and declared the position vacant. P. Authorized the City Manager to execute-and submit application for SB 821 Bicycle and Pedestrian Facility Program funds for fiscal year 1988/89. I Q. Approved the communications agreement between the County of Orange and the City of Seal Beach for maintenance, installation, and repair of City and County owned equipment, effective November I, 1988, subject to approval of the City Attorney. R. Authorized the purchase of a replacement traffic unit, including emergency equipment, for the Police Department at an estimated cost of $22,000. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried ITEMS' REMOVED FROM THE CONSENT CALENDAR 9-6-88 ITEM nH" - AWARD OF BID - BRICK PAVERS - EISENHOWER PARK - PROJECT NUMBER 603 The Director of Public Works reported that bids were received this date for Project Number 603, Installation of Brick Pavers at Eisenhower Park, until 11:00 a.m. at which time they were publicly opened by the City Clerk as follows: Neff Contracting Corp. Patterson Company, Inc. $16,500.00 43,452.00 The Director stated the low bid includes $7552 for materials, that cost to be covered by the Eisenhower Park donation fund, and $8598 for labor to be paid by the City, noting that $8000 was approved by the Council for the labor costs at the August 15th meeting. He explained that the low bidder would be using Tremack Company, a subcontractor specializing in the installation of brick pavers, and that their expertise in that type of installation may account for the substantial difference in the bid amounts. Risner moved, second by Wilson, to award the contract for Project Number 603 to Neff Contracting Corporation in the amount of $16,500, authorize the City Manager to execute the contract on behalf of the City, and appropriate an additional $600 to cover the labor costs of the project. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried ITEM DID - COUNCIL MINUTES At the request of Councilmember Risner, the August 15th City Council minutes were held over until the next meeting. REPORT - LOS ANGELES/LONG BEACH PORTS - 2020 PLAN - WETLANDS MITIGATION The City Manager noted that a letter from the Port of Long Beach Planning Department substantiating the information contained in his report had not been received as anticipated, however would be forwarded to the Council at the time of receipt. Mr. Nelson presented his report, based upon information provided during a meeting with Mr. Larry Purcell, Environmental Specialist for the Port of Long Beach, regarding the 2020 Plan, under which substantial expansion of the ports of Los Angeles and Long Beach will take place to accommodate expanded trade activity in future years, the Plan requiring a phased program of dredging, landfill and facilities construction, the Ports in turn having a responsiblity to create new and/or reconstruct wetland habitat along the coast as a mitigation. He reported that a special committee had identified fifteen potential sites for such mitigation, of which eight sites were designated as primary sites, one being the Hellman property. He added however that as long as there is an active development proposal for the Hellman property, there appears to be no role for the Ports to play in wetlands restoration under the 2020 Plan, unless it were wetlands restoration outside the proposed Mola project, noting that the Ports would not receive any credit for the twenty acres of wetlands restoration required for that project. Mr. Nelson stated that if Mola were to cease to pursue the Hellman property development, there is a possibility the Ports would be interested. in acquiring..all' or a portion of the property for wetlands restoration, however'staff had been informed that considerable environmental studies of the site would be necessary due to a history of oil spills, unknown toxic and other wastes, the site also having received dredged materials from the San Gabriel River which, in other instances has shown to contain a high level of I I I 9-6-88 I toxic content. Mr. Nelson added that apparently the Ports have contacted the owners of the Hellman property regarding the site and received the impression that the property owners were not interested in pursuing a proposal under the 2020 Plan. Mr. Nelson concluded that if the property development proposed for the site continues, the Hellman property would most likely be near the end of priority sites, considered as a last resort and only with total involvement of the City and the property owner. Councilmember Risner noted the interest of a number of persons in obtaining further information relating to the 2020 Plan and wetlands restoration on the Hellman property of some acreage, and reported that in her conversation with the Port she was informed that the Hellman site was included in a specific category and that the Port was not interested in the site since they would only receive credit for restoration and not the land acquisition, also because there is an existing option on the property. She added that if there were no development option they would most likely place the Seal Beach site under consideration, although the Port is first looking at State and Federal wetland areas, lands that are already owned by agencies, however should they run out of potential sites for use of their restoration monies, consideration would have to be given to acquisition even though they would only receive credit for restoration. Mrs. Risner reported she had requested that the points of her discussion with the representative of the Port be placed in letter form to the City Manager. She asked to be provided with a list of the eight priority sites, their location and land owner. Noting the current public interest in the proposed development of the Hellman land, and with the understanding that the property owners have no interest under the Port's 2020 Plan, Councilmember Risner questioned if there was an action the City could take, perhaps through condemnation, to assist with the purchase of this land or a portion thereof, by the Ports. She suggested that possibly the wetlands issue for the Hellman site should be dealt with and resolved prior to consideration of development of that property. The Assistant City Attorney offered to research Councilmember Risner's reference to a Gion Dietz decision relating to dedication of such lands. Councilmember Risner referred to the adoption of the City's Redevelopment Plan in the mid 1970's and the proposed development that is now not in compliance with that Plan, and stated it may be advisable for the City to reevaluate and update the Redevelopment Plan, with community input, addressing what is seen to be present day problems facing Seal Beach, whether it be traffic, park space, wetlands, etc., rather than consider a plan proposed by a developer. Councilman Grgas commended those persons who have devoted their time to evaluating the proposed project, and noted the communications he has received from residents voicing their opinions. He stated his intent to remain open-minded with regard to issues raised regarding Gum Grove Park, the golf course, density, etc., to evaluate the entire proposal based upon its merit and benefit to the entire community as well as individual districts. Mr. Grgas urged that interested residents attend or view the proceedings of the Planning Comm~ssion and the City Council regarding this.proposal. Councilman Grgas stated he too had conversation with the Port Authority and rec~ived a prospective that there was very little probability for'the acquisition by the Port of the Hellman property, with or without a plan in place" given the fact that they would not get cred~t for the acreage required to be set aside for wetlands restoration on that property, additionally that acquisition of land over the I I 9-6-88 twenty acres would also be questionable because the site is comprised mostly of highlands and would require considerable expenditure to prepare the land to permit water to infestate the area, those costs over and above the acquisition costs. He stated that the Port is not prepared to make an offer on the Hellman property, and even if they considered acquisition of a portion of the property, the remainder would not be immune from development opportunities, adding that if it is perceived that the site is acquirable and restorable as a whole, that notion is incorrect, and is not I an alternative to the project. Mr. Grgas expressed his feeling that after all information and input is considered, it will be important to make viable and feasible decisions as to what are reasonable exactions of this project. He pointed out that the project will be subject to the scrutiny of the local Parks and Recreation Commission, Environmental Qualtiy Control Board, Planning Commission and City Council, with subsequent review by outside agencies such as the Fish and Game, Corps of Engineers, Coastal Commission, etc. Councilmember Risner responded that there may be other areas that should be explored, not necessarily as an alternative to this project, but possibly remove certain things from the proposed project or hold the project over, resolve the wetlands issue, and possibly involve the Coastal Conservancy. She suggested that the proposed development plans be forwarded to all interested agencies for review at this time and that a meeting be called between those agencies and City staff to discuss and obtain input regarding any requirements that may be forthcoming from those agencies in the future. Councilman Laszlo inquired as to Hellman's rights with regard to sale of the property for wetlands use should Mola withdraw their project. The City Manager responded that Hellman would have the right to reject the sale of their property for any reason, and should I any governmental agency want the property for wetlands or any other purpose, the recourse would be condemnation or negotiation until an acceptable price was agreed upon. Mayor Hunt stated he was inclined to agree that the probability of the Port acquiring the Hellman property at the monetary consideration that would be necessary for acquisition of lands to convert to wetlands, requiring millions of cubic yards of dirt removal, is not very likely. with regard to the Port acquiring that land in consideration of what is the benefit to Seal Beach, Mr. Hunt stated he would personally look at and give consideration in terms of the economic benefit for the wetlands as opposed to other possible uses, as well as the social benefits to the citizens of Seal Beach, wetlands versus another possibility, such as financial benefit to the School District, Redevelopment Agency, etc. Councilmember Risner moved that the City Manager and staff meet with the local staff of the Coastal Commission, representatives of the Fish and Game and Corps of Engineers, to look at the proposed plan to determine if it is workable. Councilman Grgas seconded the motion for discussion. Mayor Hunt pointed out that the procedural sequence to process the development proposal is that the City consider I and take action first, after which it is submitted to outside agencies for their review and consideration. Councilmember Risner noted that the development plan must also be addressed in the Local Coastal Plan, the Seal Beach Local Coastal Plan yet to receive Coastal Commission ,..approval.. In response to a question of Council, the City Manager reported that with regard to this propos~d project, the. Director ,of Development Services has had direct contact with the Project Analyst/Plann~r for the Coastal.Commission, 9-6-88 I in direct contact with the Corps of Engineers, that he was not aware of any contact with the Fish and Game other than through information that has been provided by the Coastal Commission staff, and stated he has had three personal contacts with the Port planning staff, the Development Services Director participating in two of those instances, also that it is his understanding through the Coastal staff that there has been considerable contact with the Commission staff by the developer. Mr. Nelson noted that in discussion to date, those agencies have indicated their unwillingness to respond to specific inquiries until the City has acted and approved the Plan. Councilman Grgas pointed out that Seal Beach has prepared and approved its Local Coastal Plan which was submitted to the Coastal Commission, however the approval of that Plan is in abeyance by that body due to pending litigation with regard to permits issued in years past for the rock revetment in Surfside. Discussion continued. Vote on motion that staff meet with local representatives of other agencies regarding the development plan: AYES: NOES: Grgas, Hunt, Laszlo, Risner Wilson Motion carried I REQUEST - ZONING TEXT AMENDMENT - FENCE/WALL HEIGHTS Mayor Hunt noted the request for an amendment of the Municipal Code to permit ten foot walls, as opposed to the presently allowed eight feet, on residential lots adjacent to major streets such as Pacific Coast Highway, Seal Beach Boulevard, and Lampson Avenue. Councilmember Risner clarified that this is an alternative to a request for a sound wall adjacent to Seal Beach Boulevard due to traffic generated noise. The City Manager requested a direction from the Council as to the priority of the subject request, stating that given the present workload of the Planning staff it would not be anticipated to be accomplished for at least six months. There being no objection, the Mayor indicated it would be preferred that this matter be considered before a period of six months. REOUEST - STREET SIGNS/LOGO - LAMPSON AVENUE The Director of Public Works noted that funds were included in the approved 1988/89 budget for the purchase of ten intersection signs, seventy-two inches long by twelve inches high, for Lampson Avenue at Basswood, Candleberry, Heather, Rose, and TUlip. Mr. Jue displayed samples of street signs that incorporated a City logo, and advised of the staff's desire to use signs with the logo in the future as sign replacement is funded. Councilman Laszlo indicated his preference for the signs incorporating the logo, which could be incorporated throughout the City in the future. After viewing the three logo designs, a motion was made by Councilman Grgas, seconded by Risner, to select the white block with the green "seal" logo, and include the words "City of Seal Beach" on the street intersection signs. I AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried By unanimous consent, the Mayor declared a recess at 8:23 p.m., and the Council reconvened at 8;33 p.m. with Mayor Hunt calling the meeting to order. 9-6-88 REPORT - AIRPORT SITES / RESOLUTION NUMBER 38ll - LOS ALAMITOS ARMED FORCES RESERVE CENTER Councilman Laszlo made reference to recent articles in the press regarding the search for a general aviation site in Orange County, and reported his affiliation with the Orange County Site Selection Committee since its inception. Mr. Laszlo advised that the Site Committee has included Los Alamitos Reserve Center and the Seal Beach Naval Weapons Station on their list of seventeen sites to be studied, I however stated his feeling that neither of those sites will ever be used for commercial aviation. He reported studies have shown the airspace over Seal Beach as being one of the most heavily used throughout the United States, and that commercial flights would seriously conflict with Long Beach and John Wayne airports, as well as Los Angeles International, and advised that according to the opinion of authorities he has spoken with, it is felt that the Site Coalition will most likely find all of the sites listed for study are inadequate and that a new site in a nearby county may have to be selected. He stated further that representatives of general aviation groups attending the Site Committee meetings are seeking to put general aviation at the Los Alamitos Reserve Center, however through conversation with persons in command at the Los Alamitos Center, it is their position and the Army's position that joint use is incompatible and impossible as long as the helicopters remain at the Base. Mr. Laszlo recalled the recent desire of the Navy to construct housing at the Los Alamitos Base, the Department of Army rejecting the request, which has now been withdrawn by the Navy, and added that had that request been approved the Armed Forces mission could have been jeopardized and caused the helicopter operation to cease, which may have allowed consideration of general aviation. Councilman Laszlo referred to his organizational I experiences in dealing with potential commercial and general aviation use, as well as to a number of reports, studies, and reference materials in support of the theories he set forth. Mr. Laszlo requested Council support for the Resolution proposed in support of the Los Alamitos Armed Forces Reserve Center Mission, noting that similar resolutions are being requested from other Orange County cities. Resolution Number 3811 was presented to Council entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL SUPPORTING THE MILITARY RESERVE AND DISASTER PREPAREDNESS MISSIONS OF THE LOS ALAMITOS ARMED FORCES RESERVE CENTER AND OPPOSING JOINT USE OF AFRC BY GENERAL AVIATION AND/OR CIVILIAN AIRCRAFT." By unanimous consent, full reading of Resolution Number 3811 was waived. Wilson moved, second by Risner, to adopt Resolution Number 3811 as presented. Mayor Hunt and members of the Council expressed their appreciation to Mr. Laszlo for his report and representation of Seal Beach on the Airport Coalition Site Committee. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried Risner moved, second by Laszlo, to direct that a similar resolution be prepared in support of the Seal Beach Naval Weapons Station and opposing commercial and general aviation use consideration at that site. I AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried 9-6-88 APPOINTMENT - CITIZENS PARTICIPATION COMMITTEE Councilman Grgas moved to appoint Mrs. Serreta Fielding to the Citizens participation Committee, representing District One, for the full term of four years. Councilmember Risner seconded the motion. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried I PROJECT AREA COMMITTEE Councilman Grgas asked that consideration be given at next meeting to the redesignation of a current resident member of the Project Area Committee as a business member. Discussion followed with regard to the qualifications for Project Area Committee membership and the function of the PAC in reviewing amendments to the Redevelopment Plan. The City Attorney suggested that the legal requirements be reviewed and reported back to the Council. I CITY COUNCIL ITEMS The Council acknowledged receipt of the communication from the Mayor of Los Alamitos in support of Los Alamitos Councilman Ron Bates as Vice President of the Orange County Division of the League, and Mayor Hunt confirmed the Seal Beach Council's support of Mr. Bates nomination. Councilman Grgas commended Chief Stearns, and the Police Department as a whole, for the manner in which arrangements were made and services conducted in the untimely passing of Police Officer Ed Clavell. The City Manager stated the incident involving Officer Clavell was being investigated by the California Highway Patrol, that the report would be provided to the Council once completed. Councilman Grgas suggested that the Traffic Impact Committee, formed to study and make recommendations relating to traffic impacts specific to Seal Beach, be expanded to consider other local concerns, such as parking issues. Councilman Laszlo concurred, stating it would be his desire that eventually the City may wish to establish a permanent Committee to deal with traffic related issues, as has been done in other communities. In response to Council, the City Manager reported the Development Services Director attended the workshop held in Costa Mesa regarding the SCAG and South Coast Air Quality Management Regulations and Plan, and that an update or formal recommendation will be forthcoming to the Council, noting that some of the larger cities are requesting additional time for review of the Plan due to the potential impacts on General Plans and zoning ordinances. I ORAL COMMUNICATIONS Mayor Hunt declared Oral Communications open. Mr. Brian Kyle, 226 - 7th Street, asked that the Council and the Planning Commission give serious consideration to the proposed Mola project, with due consideration given the Gum Grove Park area, suggesting a project of possibly two hundred homes and a golf course could be as profitable to the developer, with the possibility that another developer could be equally interested in this property. Mr. Kyle suggested also that capital gains tax and linkage fees should be considered. The City Manager advised that legislation recently adopted has removed linkage and other fees that could have been levied on a develop~r, although the City could negotiate with Hellman over a possible condemnation and reduction of their capital gains tax, noting that if their property were condemned they would receive certain exemptions. Mr. Gaylen Ambrose, 613 Seabreeze, stated he has had contact with, as well as a letter from, Mr. Purcell of the Port Authority which transmitted a copy of the 2020 Plan, and indicated their 9-6-88 "interest in potential wetland restoration sites to compensate for their project's adverse biological effects, marine mitigation opportunities that are physically and economically feasible." Mr. Ambrose added that his understanding of his conversation with Mr. Purcell was that they can do nothing with the property as long as there is a development option, that if the development proposal were withdrawn or if permits were refused, the property would again be placed on their priority list, and added that although they would prefer to obtain the property for free, they are required to actively seek property for a price. Mr. Ambrose expressed his feeling that there are monies available, other than under the 2020 Plan, to obtain the Hellman property and restore what was once historic wetlands, condemnation also being a possibility. He also charged that units in a Huntington Beach Mola project are now offered for rental, and it is rumored that one project was not built in accordance with submitted plans. Some discussion followed as to the accuracy of information contained in literature that has been circulated in the community relating to this project. Mr. Gary Canady, 1619 Seal Way, expressed appreciation to the Council and Captain Holl of the Naval Weapons Station for their efforts in resolving the recent problems relating to the construction of the recreation structure on the Weapons Station beach area. Mr. Canady stated he was neither for or against the Mola project at this time, however he had observed the degraded appearance of Gum Grove Park, and spoke in opposition to information being circulated that may not be accurate with regard to issues related to the Mola project. Mr. Ambrose stated that data contained in fliers circulated by the wetlands preservation group had been taken from the EIR for the project with the assumption that the information was up to date and correct, he also requested that the City Attorney review the Gion Dietz decision with regard to Gum Grove Park as well as the Hellman property as a whole, adding that a majority of the Hellman site is believed to be historic wetlands, part of the Los Cerritos wetlands channel. Mayor Hunt explained that the intent of the EIR is' to define problems and provide mitigating measures to resolve issues that may be related to a specific project, not necessarily deeming a project to be good or bad because a problem may exist. Mr. Bruce Stark, 204 Ocean Avenue, stated that from personal experience and photographs he could assure that the wetlands did exist on the Hellman land during the 1940's, after which the Corps of Engineers placed their dredged materials onto the property causing artificial accretions of land, and although everyone believes that Hellman owns the subject property, he stated it is in fact sovereign land, marshland/wetlands that belong to the State of California. He questioned a conflict of information relating to the proposed clubhouse for the project, the size and accessibility to the public. Mr. Stark stated that as a result of the Gion Dietz decision of 1971 and past use of the property, he would suggest that the City does have a public easement of the 'entire Gum Grove Park, which is not subject to defeasment. Councilmember Risner asked if information could be provided that would clearly show whether this property is under..the ownership of the Hellman Estate or if it is so~ereign land, She did point out that prior to 1971 the Park area'had been fenced and posted for no trespassing, therefore there would be a question as to prescriptive rights as suggested by Mr. Stark. The Assistant City Attorney responded that there are several elements to a successfu1 prescriptive rights claim, adjudication being a first step, and offered to review the law on this issue as well as the Geon Dietz decision for the Council. Discussion continued. Mr. Mario Voce, Catalina I I I 9-6-88 I Avenue, acknowledged that the Gum Grove Park is currently in a state of abuse, urged all residents to visit the park, encourage it's preservation and particularly it's restoration, as well as the wetlands, stating that the wilderness area provides the capability for this City to retain it's indigenous wildlife. Ms. Alice Davis, 224 - 4th Street, emphasized the importance for persons to obtain factual information regarding the Mola proposal, stating there is support for the park as well as concern with density and traffic from downtown area residents. Ms. Ruth Richards, 219 - 4th Street, questioned the absence of Councilman Grgas from public meetings on the proposed development to date, spoke to the misleading information as to the size of the condominium units, and reported the objection of many citizens with the density and potential traffic impacts from this project. Councilman Grgas responded as to his awareness of the discussions that have taken place during meetings relating to the Mola development to date, the responsibilities of the appointees to those reviewing bodies, and stated that only after receiving and weighing all testimony, information and factual data would he render an opinion and make a decision that is considered in his judgement to be in the best interest of the entire community. He again urged all residents to attend or view the upcoming proceedings. Mr. Gaylen Ambrose again addressed the Council, reporting that the sovereign lands question is being researched by a title company owner for their group, and it is hoped that information will be available the following week. With regard to comment made by a member of the audience, Mayor Hunt stated there is question as to whether or not it is proper for members of the Council to participate in meetings held by other bodies prior to scheduled meetings of the Council where decisions are to be made on an issue. He also spoke highly of councilman Grgas' knowledge of the issues being taken under consideration. There being no further comments, Mayor Hunt declared Oral Communications closed. I CLOSED SESSION No Closed Session was held. ADJOURNMENT Councilmember Risner moved to adjourn the meeting in memory of Officer Ed Clavell and in tribute to all public safety personnel, risking their lives daily for the public's protection. Mayor Hunt seconded the motion. AYES: NOES: Grgas, Hunt, Laszlo, Risner, Wilson None Motion carried The meeting adjourned at 10:19 p.m. of the Attest: I