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HomeMy WebLinkAboutCC AG PKT 2003-09-22 #W i • September 22, 2003 j 6 ti STAFF REPORT To: • Honorable Mayor and City Council Attention: John B. Bahorski, City Manager From: Lee Whittenberg, Director of Development Services Subject: CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT HELLMAN RANCH - SUMMARY OF REQUEST: Approve proposal for the establishment of an Educational Center at Hellman Ranch and: 1. Select an approved location (Option "C" location is recommended by the Parks and Recreation Commission) and reject all other locations as inappropriate through the adoption of proposed Resolution No. , "A Resolution of the City Council of the City of Seal Beach Concurring with the Recommendation of the Parks and Recreation Commission for the Option C Location for the Hellman Ranch Educational Center and Rejecting All Other Proposed Locations"; 2. Instruct Staff to implement the necessary actions for submission to California Coastal Commission; and 3. Instruct staff to finalize the form of the annuity for on -going maintenance and care (only if a location in Gum Grove Park is selected by the City Council), or accept a lump -sum cash deposit in an amount equal to the construction valuation of the split -rail fence for City maintenance and replacement expenses. . BACKGROUND: The Parks and Recreation Commission 'considered this matter on September 10 and recommended approval of the request on a 3 -1 -1 vote of the Commission. The Commission recommended the "Option C" location to address the concerns of all persons, including neighbors that spoke at the Commission meeting. Their recommendation is provided in a "Memorandum of Recommendation ", provided as Attachment 2. AGENDA ITEM k Z:\My Documents\lohn Laing Homes \Education Facility.CC Staff Report 2.doc \LW\09-1 1 -03 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 OVERVIEW OF PARKS AND RECREATION COMMISSION DISCUSSION AND RECOMMENDATION REGARDING THE REQUEST: Staff provided a notice of the meeting of the Parks and Recreation Commission regarding this matter to the property owners of 1635 to 1757 Crestview, as those properties were the most immediately adjacent to the proposed facility. During consideration of this item at the Parks and Recreation Commission the following persons addressed the Committee and generally indicated: ❑ Jay Van deVelde, 1729 Crestview — speaking also for Terrence Kreiger of 1725 Crestview and favors the Option C location. ❑ Jane McCloud, 708 Balboa — As Co -Chair of the Gum Grove Nature Park Group indicated that the group has a consensus support for Option C location, and that the Option B is also acceptable but understands concerns of neighbors along Crestview. ❑ Dr. George Juler, 1709 Crestview — graffiti and security are issues of concern, agreeable to the Option C location. ❑ Pat Larkin, John Laing Homes — available to answer any questions of the Commission. ❑ Dave Bartlett, representing Hellman Properties LLC — available to answer questions of the Commission. After discussion, the Commission determined to forward to the City Council the approved "Memorandum of Recommendation ", as recommended by staff, on a 3 -1 -1 vote, with Commissioner Rohman voting "No" and Commissioner Layman being absent. (Please refer to Attachment 2 to review the approved "Memorandum of Recommendation" as adopted by the Parks and Recreation Commission). PREVIOUS CITY COUNCIL CONSIDERATION OF EDUCATION FACILITY LOCATION AND COASTAL COMMISSION DETERMINATION: On July 14, 2003 the City Council considered, and ultimately rejected, the previously proposed locations in Gum Grove Park (identified as "Original location ", "Option A ", and "Option B" due to concerns regarding privacy and security from the adjoining property owners along Crestview. Please refer to the Parks and Recreation Commission Staff Report (Attachment 3), dated September. 10, 2003, Attachments G and H to review a copy of the City Council minutes and Staff Report of July 14, 2003, respectively. On August 7, 2003 the California Coastal Commission ( "CCC ") considered and approved the "Mitigation Plan" for the Heron Pointe development by John Laing Homes located on the Hellman Ranch property. A copy of the CCC Staff Report, without Exhibits B and C, is provided as Attachment C to the September 10 Parks and Recreation Commission Staff Report (Attachment 3) for the information of the City Council. The CCC approval included approval of the location of the "education facility" at the locations previously reviewed by the Parks and Recreation Commission Education Facility.CC Staff Report 2 2 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 and rejected by the City Council on July 14, 2003. On July 28, 2003 the City Council considered a Staff Report regarding the CCC Condition Compliance issue and authorized the Mayor to sign a letter commenting on the condition compliance issue. Please refer to Attachments D, E and F of the September 10 Parks and Recreation Commission Staff Report (Attachment 3) to review a copy of the City Council Staff Report and Minutes of July 28, 2003, and the City comment letter dated July 29, 2003, respectively. The location approved by the CCC was proposed to be located between the rear yards of the homes along Crestview and the side yards of the most southerly homes of the Heron Pointe development at a location that had previously been rejected by the City Council. OVERVIEW OF PROPOSED LOCATIONS FOR EDUCATIONAL CENTER: Alternative Proposed Locations Overview: The Option "A" and "D" locations would be the least desirable location from the viewpoint of the Most Likely Descendent, as indicated in the previous Staff Reports to the Parks and Recreation Commission regarding this issue. Provided below is a brief description of all of the proposed locations. ❑ "Original T.ocation ": This proposed location is indicated to be located approximately 165' from the existing residences adjacent to Crestview, 840' from Seal Beach Boulevard, and 65' from the southwest comer of the most southerly lot, Lot 54. The proposed location of the Original Location" is located approximately 150 feet from the rear property line of 1717 Crestview Avenue. Please refer to Attachment B of the September 10 Parks and Recreation Commission Staff Report (Attachment 3) to review the site location plan. ❑ Option " A" Location: This proposed location is indicated to be located approximately 180' from the existing residences adjacent to Crestview, 153' from Seal Beach Boulevard, and 90' from the private cul -de -sac roadway right -of -way between lots 68 and 69 of the proposed development. The Option A location is located approximately 180 feet from the rear property line of 1749 Crestview Avenue. Please refer to Attachment B of the September 10 Parks and Recreation Commission Staff Report (Attachment 3) to review the site location plan. ❑ Option "R" Location: This proposed location is indicated to be located approximately 165' from the existing residences adjacent to Crestview, 795' from Seal Beach Boulevard, and 53' from the southwest comer of the most southerly lot, Lot 54. The proposed location of the Option B is located approximately 165 feet from the rear property line of 1717 Crestview Avenue. Please refer to Attachment B of the September 10 Parks and Recreation Commission Staff Report (Attachment 3) to review the site location plan. Education Facility.CC Staff Report 2 3 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 ❑ Option "C" 1,ocation: This proposed location is indicated to be located approximately 720 feet west of Seal Beach Boulevard, to the west of the most westerly homes to be constructed as part of the "Heron Pointe" development by John Laing Homes. The proposed location is approximately 745 feet to the north of the Crestview homes, behind 171 Crestview. The subdivision design of the Heron Pointe development will block the view of the educational facility from 1717 to 1757 Crestview. Please refer to Attachment B of the September 10 Parks and Recreation Commission Staff Report (Attachment 3) to review the site location plan ❑ Option "D" T ,ocation: This proposed location is indicated to be located approximately 675 feet west of Seal Beach Boulevard, within the "pocket park" to be constructed as part of the "Heron Pointe" development by John Laing Homes. The proposed location is approximately 745 feet to the north of the Crestview homes, behind 1717 Crestview. Since this location is between the proposed homes of the Heron Pointe development, it would not be clearly visible from homes along Crestview, due to the intervening homes of the Heron Pointe development or the extensive eucalyptus tree growth in Gum Grove Nature Park between the Crestview homes and the proposed site. Please refer to Attachment B of the September 10 Parks and Recreation Commission Staff Report (Attachment 3) to review the site location plan Additional Notification to Residents: Staff provided a meeting notice of this matter to all residents on Crestview between 1665 and 1737 Crestview, a total of 21 lots from Seal Beach Boulevard westerly to approximately 127 feet westerly of the intersection of Crestview Avenue and Bayside Drive. The notice area extended along Crestview approximately 10 lots to the west of the current east end of Gum Grove Nature Park. Please refer to Attachment 4 for a copy of the meeting notice. OVERVIEW OF REQUEST: Please refer to the Parks and Recreation Commission Staff Report, dated September 10, 2003 (provided as Attachment 3 of this Staff Report) to review the background information regarding this matter. The consideration by the City Council is necessary to allow John Laing Homes the opportunity to request the Coastal Commission to consider an alternative location for the educational facility. OVERVIEW OF PROPOSED INSTRUMENT FOR MAINTENANCE GUARANTEE: Please note that the annuity discussed below would only be applicable if the City Council were to reverse its previous determinations of July 14, 2003 and approve a location for the Education Facility.CC Staff Report 2 4 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 Educational Center within the boundaries of Gum Grove Park. The lump -sum cash deposit discussed below is only regarding the split -rail fence structure. Annuity — F.durational Center within Gum Grove Park: As indicated above, John Laing Homes ". . would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on -going maintenance and care." The City will not be responsible for maintenance costs for the facility. Staff has made this point very clear to John Laing Homes and the MLD. The above - referenced statement from John Laing Homes was made in relation to the proposed educational facility being located on Gum Grove Nature Park. Those locations are identified as the "Original Location ", "Option A ", and "Option B ". The recommended location, Option "C" is not within the boundaries of Gum Grove Nature Park, and it is not necessary for such an instrument to be prepared for the educational facility, assuming either the Option "C" or "D" location is approved by the City Council. If one of the other locations is approved by the City Council, then the issue will be before the City Council. In discussing this issue, and the construction of the fence across the Gum Grove Nature Park extension area, with John Laing Homes, there are several possible ways to structure the long- term maintenance guarantee required by the City to place either the educational facility or the fence within a public park area. The alternative financing mechanisms are: ❑ Maintenance costs to be included within the Community Facilities District that is proposed to be formed for the financing of certain public improvements related to the John Laing Homes residential development (Educational Center or fence). ❑ Entering into an agreement, or providing an annuity, in a form and content acceptable to the City Attorney to guarantee the long -term maintenance of said public improvements at no cost to the City of Seal Beach (only if Educational Center is to be located within Gum Grove Nature Park). • ❑ Depositing a cash deposit into an account of the City, in an amount determined to be equal to the construction cost of the split -rail fence structure, for the ongoing maintenance and repair of the fence facility (Fence structure only). John Laing Homes has submitted a letter dated July 10, 2003 committing to ". . provide an annuity, in a form and content acceptable to the City Attorney to guarantee the long -term maintenance of said education center at no cost to the City of Seal Beach." A copy of this commitment letter is provided as Attachment 8 of the September 10 Parks and Recreation Commission Staff Report (Please refer to Attachment 3). Assuming the City Council approves the Option "C" location, the necessary "Approval in Concept" for submission to the California Coastal Commission is not to be approved by Staff until a cash Education Facility.CC Staff Report 2 5 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 deposit, in an amount determined to be equal to the construction cost of the split -rail fence structure, is deposited with the City for the ongoing maintenance and repair of the fence facility. RECOMIlVIENDATION 1. Select an approved location (Option "C" location is recommended by the Parks and Recreation Commission) and reject all other locations as inappropriate through the adoption of proposed Resolution No. , "A Resolution of the City Council of the City of Seal Beach Concurring with the Recommendation of the Parks and Recreation Commission for the Option C Location for the Hellman Ranch Educational Center and Rejecting All Other Proposed Locations"; 2. Instruct Staff to implement the necessary actions for submission to California Coastal Commission; and 3. Instruct staff to finalize the form of the annuity for on -going maintenance and care (only if a location in Gum Grove Park is selected by the City Council), or accept a lump -sum cash deposit in an amount equal to the construction valuation of the split -rail fence for City maintenance and replacement expenses. NOTE ' • D APP i VED: • e Whittenberg John Bahorski Director of Development Servi . - City 1 : ager Attachments: (4) Attachment 1: Resolution No. , "A Resolution of the City Council of the City of Seal Beach Concurring with the Recommendation of the Parks and Recreation Commission for the Option C Location for the Hellman Ranch Educational Center and Rejecting All Other Proposed Locations" Attachment 2: "Memorandum of Recommendation re: Proposed Hellman Ranch Educational Center — Option C Location ", from the Parks and • Recreation Commission to City Council, approved on September 10, 2003 Education Facility.CC Staff Report 2 6 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 Attachment 3: Parks and Recreation Commission Staff Report re: "Consideration of Proposed "Educational Center" at Hellman Ranch ", dated September 10, 2003, including all Attachments: Attachment A: Draft "Memorandum of Recommendation from Recreation Commission to City Council re: Hellman Ranch Educational Center — Option C Location ", September 10, 2003 , Attachment B: Proposed Plans — Hellman Ranch Educational Center Attachment C: Reduced Portion of "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10 -25 -02 . Attachment D: California Coastal Commission Staff Report re: "Condition Compliance, Permit Number 5 -97 -367, as amended ", August 7, 2003 Note: All attachments have not been provided due to length, 144 pages. The attachments are available for review at the Department of Development Services. The attachments include: 0 Exhibit 2: Amended Coastal Development Permit Number 5 -97 -367, dated June 7, 2002 (17 pages) . 0 Exhibit 3: Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California ", prepared by EDAW, Inc., dated July 2003 (127 pages) Attachment E: City Council Supplemental Agenda Report re: "Coastal Commission Consideration of Mitigation Plan for Cultural Resources — Hellman Ranch ", July 28, 2003 Attachment F: City Council Minute excerpt re: "Hellman Ranch — Mitigation Plan for Cultural Resources — Coastal Commission ", July 28, 2003 Attachment G: City of Seal Beach Comment Letter to California Coastal Commission re: "Condition Compliance - Permit No. 5 -97 -367, as Amended ", dated July 29, 2003 Attachment H: City Council Minute excerpt re: "Proposed Education Center - Gum Grove Nature Park — Heron Pointe' ', July 14, 2003 Attachment I: City Council Staff Report re: "Consideration of Proposed `Educational Center' at Gum Grove Nature Education Facility.CC Staff Report 2 7 Proposed Educational Center at Hellman Ranch City Council Staff Report ' September 22, 2003 Park ", dated July 14, 2003, including Attachments 1 through 8: Attachment 1: "Memorandum of Recommendation re: Gum Grove Nature Park Educational Center", from the Parks and Recreation Commission to City Council, approved on June 25, 2003 Attachment 2: Proposed Plans — Original Proposed Location for Gum Grove Nature Park Educational Center Attachment 3: Proposed Plan — Option A Location for Gum Grove Nature Park Educational Center Attachment 4: Proposed Plan — Option B Location for Gum Grove Nature Park Educational Center Attachment 5: Parks and Recreation Commission Staff Report re: "Consideration of Proposed "Educational Center" at Gum Grove Nature Park ", dated June 25, 2003 Attachment 6: Meeting Notification of City Council Consideration, dated June 30, 2003 Attachment 7: Letter from Mr. Krieger, 1725 Crestview Avenue, dated July 3, 2003 Attachment 8: Letter from John Laing Homes re: Gum Grove Park — Education Center — Annuity, dated July 10, 2003 • Attachment 4: Meeting Notification of City Council Consideration, dated September 2, 2003 Education Facility.CC Staff Report 2 8 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 ATTACHMENT 1 RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONCURRING WITH THE RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION FOR THE OPTION C LOCATION FOR THE HELLMAN RANCH EDUCATIONAL CENTER AND REJECTING ALL OTHER PROPOSED LOCATIONS • Education Facility.CC Staff Report 2 9 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONCURRING WITH THE RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION FOR THE OPTION C LOCATION FOR THE HELLMAN RANCH EDUCATIONAL CENTER AND REJECTING ALL OTHER PROPOSED LOCATIONS WHEREAS, The Parks and Recreation Commission considered the proposed locations for an Educational Center on Hellman Ranch on September 10, 2003; and WHEREAS, After receiving the Staff Report and comments and concerns from the public, the Commission determined to recommend to the City Council the approval of the "Option C" Location on a 3 -1 -1 vote of the Commission; and WHEREAS, The City Council has considered the "Memorandum of Recommendation" adopted by the Parks and Recreation Commission on September 10, 2003 and all public comments received on this matter at the September 22, 2003 City Council meeting; and WHEREAS, The City Council has previously determined on July 14, 2003 that the "Original Location" and the "Option B" locations are unacceptable due to the potential public safety and security of the existing residences along Crestview Avenue; and WHEREAS, The City Council has previously determined on July 14, 2003 that the "Option A" location is unacceptable due the closeness of said location to Seal Beach Boulevard and the adverse noise and aesthetic impacts of said location for the intended use for Native American educational and religious use. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council hereby concurs with the recommendation of the Parks and Recreation Commission of September 10, 2003, as set. forth in the adopted "Memorandum of Education Facility.CC Staff Report 2 10 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 Recommendation ", including "Exhibit A" of said "Memorandum of Recommendation", and as incorporated as "Exhibit 1" of this City Council Resolution. S ection 2. The City Council now determines that the "Option D" location is unacceptable due its proposed location within the "pocket park" to be constructed as part of the "Heron Pointe" development by John Laing Homes. The proposed location is between the proposed homes of the Heron Pointe development. This location is not an acceptable location for the intended use for Native American educational and religious use. Section 3. The City Council hereby rejects all other proposed locations for said "Educational Center". Those locations are the "Original Location ", the "Option A ", the "Option B" and the "Option D" location. Section 4. Staff is hereby instructed to implement the necessary actions to allow John Laing Homes LLC and Hellman Properties LLC to submit said approved "Option C" to the California Coastal Commission for consideration and to accept a lump -sum cash deposit in an amount equal to the construction valuation of the split -rail fence for City maintenance and replacement expenses, for said fence between the Crestview homes and the Heron Pointe homes. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers Mayor A'f1'EST: City Clerk Education Facility.CC Staff Report 2 11 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a regular meeting thereof held on the day of , 2003. City Clerk Education Facility.CC Staff Report 2 12 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 "EXHIBIT 1" "MEMORANDUM OF RECOMMENDATION RE: PROPOSED HELLMAN RANCH EDUCATIONAL CENTER - OPTION C LOCATION ", PARKS AND RECREATION COMMISSION TO CITY COUNCIL, APPROVED ON SEPTEMBER 10, 2003" Education Facility.CC Staff Report 2 13 E SEA(" PARKS AND AND RECREATION 40/Rte. COMMISSION Memorandum of Recommendation To: Mayor Campbell and Members of the City Council Date: September 10, 2003 SUBJECT: RECOMMENDATION RE: PROPOSED HELLMAN RANCH EDUCATIONAL CENTER - OPTION C LOCATION The Recreation Commission considered this matter and an accompanying Staff Report on September 10, 2003. After receipt of public comments and deliberations and discussion among the Commission members, it was the determination of the Recreation Commission to recommend approval of the proposed "Educational Center" at Hellman Ranch, "Option C" Location and the proposed fence across the Gum Grove Nature Park extension, if developed in substantial compliance with the development proposal as outlined below: OVERVIEW OF PROPOSED HELLMAN RANCH EDUCATIONAL CENTER.DEVELOPMENT PLAN . The proposed facility is to be located within the remainder parcel of Hellman Ranch, a deed - restricted, 100 -acre parcel for future wetland restoration and other allowable purposes, including "environmental educational purposes ", as stipulated in the CCC approved Coastal Development Permit 5 -97 -367, as amended, Condition 16.A.(3). The Alternate Location "Option C" is located approximately 720 feet west of Seal Beach Boulevard, to the west of the most westerly homes to be constructed as part of the "Heron Pointe" development by John Laing Homes. The proposed location is approximately 745 feet to the north of the Crestview homes, is located within the culturally significant Landing Hill complex, provides an excellent viewpoint over the future wetland restoration area, and provides a direct view towards the "Puvunga" site in Long Beach, and the San Gabriel Mountains in the far background. The "Option C" location is to be located • Z: \My Documents\John Laing Homes\Education Center.Rec Commission Memo 2.doc \LW\09 -10 -03 Memorandum of Recommendation re: Educational Center at Hellman Ranch Parks and Recreation Commission - September 10, 2003 within the boundaries of the "Grading Permit Limits" and the "Bio -Swale Boundary" as shown on the "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10- 25 -02. Please refer to "Exhibit A" to review the boundaries of the "Grading Permit Limits" and the "Bio -Swale Boundary" as shown on the "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10- 25 -02" area recommended by the Commission. The general design of the educational facility is similar to that previously considered by the Commission on June 25, 2003. It has access from the parking area to be provided adjacent to Seal Beach Boulevard, is within a reasonable walking distance from Seal Beach Boulevard, is sufficiently distant from existing neighboring homes to not be a disruption to those homes, is visible from the new homes to be constructed by John Laing Homes at Heron Pointe for security purposes, and provides a suitable and respectful location for the honoring of the Gabrielino- Tongva ancestors. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. A spur trail will then lead from the main Gum Grove Nature Park trail, along the westerly side of the new homes of "Heron Pointe" to the proposed "Option C" location for the educational facility. Ultimately, this spur trail could be the starting point for a major trail system around the entire 100 -acre restored wetland area . The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron Point development and just to the west of the "pocket park" proposed as part of the Heron Pointe development. The facility itself is proposed to be "a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30 feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will be 5 feet. This area is envisioned to be utilized as an informal sitting area for persons who may be attending an interpretative talk by Native American representatives, other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 6 and 8 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting area and the capability of viewing the interpretative display panels from both sides. Access to the facility will be via a trail to be constructed at the bottom of the slope, which is located just west of the home sites and south of the "pocket park ". This trail will connect to the Gum Grove Park trail system to be built with the development. Education Center.Rec Commission Memo 2 2 Memorandum of Recommendation re: Educational Center at Hellman Ranch Parks and Recreation Commission - September 10, 2003 This facility will be located on a raised area, to the west of the pocket park within the Heron Pointe residential development, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25 -years for a future wetland restoration project, the culturally - significant "Puvunga" site in the City of Long Beach, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plants, including Coast Live Oaks. Additional shrubs and grasses include: Western Rosebud, Toyon, Califomia Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of boulders are proposed along the trail from the Seal Beach Boulevard parking area to the Educational Center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. Since the proposed location is not to be located on property that would ultimately be deeded to the City of Seal Beach, there are no maintenance and indemnity issues involved in the recommended location, Option C. The staff of the CCC appears to be receptive to the provision of a fence and gate system across the Gum Grove Park extension between the rear fences of the Crestview homes and the new Heron Point homes as long as the fence is not located immediately adjacent to Seal Beach Boulevard, is a "natural" appearing fence structure, and is not too high. Staff envisions a split -rail wood fence approximately 5 -feet high with a metal gate similar to the existing gate at the Gum Grove Park entrance at Avalon that would be set back approximately 145 -260 feet from Seal Beach Boulevard. The gate would be closed between dusk and dawn, in accordance with the terms of the Coastal Development Permit. John Laing Homes will be responsible for all staff review, administrative permit, or permit amendment processes that the California Coastal Commission will require to consider approval of the proposed "Option C" alternate location. John Laing Homes would construct the approved design and would dedicate it to the property owner along with an annuity for on -going maintenance and care. The City will not be responsible for maintenance costs for the facility. John Laing Homes will construct the proposed fence across the Gum Grove Nature park extension and dedicate said facility to the City along with an annuity for on -going maintenance and care, or a lump -sum cash deposit in an amount Education Center.Rec Commission Memo 2 3 Memorandum of Recommendation re: Educational Center at Hellman Ranch Parks and Recreation Commission - September 10, 2003 determined appropriate by the City Council. The City Council will make the final determination to accept an annuity or a lump -sum cash deposit. The proposed "Option C" location, within the Hellman Properties LLC deed - restricted area, and the proposed fence and gate across the Gum Grove Nature park extension area will require revisions to the "Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, Califomia ", prepared by EDAW, Inc., dated July 2003. The Recreation Commission approved this "Memorandum of Recommendation" by the following vote on September 10, 2003: • AYES: Commissioners - Goering, Sustarsic, and Watson NOES: Commissioners Rohman ABSENT: Commissioners Layman ABSTAIN: Commissioners Chairperson Parks and Recreation Commission City of Seal Beach Exhibit A: Boundaries of the "Grading Permit Limits" and the "Bio -Swale Boundary" as shown on the "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10- 25 -02" • Education Center.Rec Commission Memo 2 4 Memorandum of Recommendation re: Educational Center at Hellman Ranch Parks and Recreation Commission ' September 10, 2003 PARKS AND RECREATION COMMISSION Memorandum of Recommendation SEPTEMBER 10, 2003 "EXHIBIT A" BOUNDARIES OF THE "GRADING PERMIT LIMITS" , AND THE "BIO -SWALE BOUNDARY" AS SHOWN ON THE "ROUGH GRADING PLAN, HELLMAN RANCH, TENTATIVE TRACT 15402, SHEET 2 OF 7, DATED 10- 25-02" Education Center.Rec Commission Memo 2 5 Memorandum of Recommendation re: Educational Center at Hellman Ranch Parks and Recreation Commission September 10, 2003 --, • cr . :::.............417 --,.... 1 . 1 i :11 ; g 1,, k 1 a ; 0 ,, 1., it, -7'247'31 , 1 i I I, 1 I _'• 1 't •..._.ig. — . . . . . , . 1 ,4.;,Vifl 1 ; •. .... .., ‘, ., I; 1, ' 01 '., i 1 it • 1 ell. , • -, ; 1 I L-14':-LZ.L.1 1 . ; . , ' I 1 , 1 1 , 1 • . , . 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PARKS AND RECREATION n-E76VNTi COMMISSION Memorandum of Recommendation To: Mayor Campbell and Members of the City Council Date: September 10, 2003 SUBJECT: RECOMMENDATION RE: PROPOSED HELLMAN RANCH EDUCATIONAL CENTER - OPTION C LOCATION The Recreation Commission considered this matter and an accompanying Staff Report on September 10, 2003. After receipt of public comments and deliberations and discussion among the Commission members, it was the determination of the Recreation Commission to recommend approval of the proposed "Educational Center" at Hellman Ranch, "Option C" Location and the proposed fence across the Gum Grove Nature Park extension, if developed in substantial compliance with the development proposal as outlined below: OVERVIEW OF PROPOSED HELLMAN RANCH EDUCATIONAL CENTER DEVELOPMENT PLAN . The proposed facility is to be located within the remainder parcel of Hellman Ranch, a deed - restricted, 100 -acre parcel for future wetland restoration and other allowable purposes, including "environmental educational purposes ", as stipulated in the CCC approved Coastal Development Permit 5 -97 -367, as amended, Condition 16.A.(3). The Alternate Location "Option C" is located approximately 720 feet west of Seal Beach Boulevard, to the west of the most westerly homes to be constructed as part of the "Heron Pointe" development by John Laing Homes. The proposed location is approximately 745 feet to the north of the Crestview homes, is located within the culturally significant Landing Hill complex, provides an excellent viewpoint over the future wetland restoration area, and provides a direct view towards the "Puvunga" site in Long Beach, and the San Gabriel Mountains in the far background. The "Option C" location is to be located Z: \My Documents\John Laing Homes \Education Center.Rec Commission Memo 2.doc \LW\09 -10 -03 Memorandum of Recommendation re: Educational Center at Hellman Ranch Parks and Recreation Commission - September 10, 2003 within the boundaries of the "Grading Permit Limits" and the "Bio -Swale Boundary" as shown on the "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10- 25 -02. Please refer to "Exhibit A" to review the boundaries of the "Grading Permit Limits" and the "Bio -Swale Boundary" as shown on the "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10- 25 -02" area recommended by the Commission. - The general design of the educational facility is similar to that previously considered by the Commission on June 25, 2003. It has access from the parking area to be provided adjacent to Seal Beach Boulevard, is within a reasonable walking distance from Seal Beach Boulevard, is sufficiently distant from existing neighboring homes to not be a disruption to those homes, is visible from the new homes to be constructed by John Laing Homes at Heron Pointe for security purposes, and provides a suitable and respectful location for the honoring of the Gabrielino- Tongva ancestors. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. A spur trail will then - Iead from the main Gum Grove Nature Park trail, along the westerly side of the new homes of "Heron Pointe" to the proposed "Option C" location for the educational facility. Ultimately, this spur trail could be the starting point for a major trail system around the entire 100 -acre restored wetland area The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron Point development and just to the west of the "pocket park" proposed as part of the Heron Pointe development. The facility itself is proposed to be "a low, circular structure with associated _ landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30 feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will be 5 feet. This area is envisioned to be utilized as an informal sitting area for persons who may be attending an interpretative talk by Native American representatives, other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 6 and 8 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting area and the capability of viewing the interpretative display panels from both sides. Access to the facility will be via a trail to be constructed at the bottom of the slope, which is located just west of the home sites and south of the "pocket park ". This trail will connect to the Gum Grove Park trail system to be built with the development. Education Center.Rec Commission Memo 2 2 Memorandum of Recommendation re: Educational Center at Hellman Ranch Parks and Recreation Commission September 10, 2003 This facility will be located on a raised area, to the west of the pocket park within the Heron Pointe residential development, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25 -years for a future wetland restoration project, the culturally - significant "Puvunga" site in the City of Long Beach, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plants, including Coast Live Oaks. Additional shrubs and grasses include: Western Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of boulders are proposed along the trail from the Seal Beach Boulevard parking area to the Educational Center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. , The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. Since the proposed location is not to be located on property that would ultimately be deeded to the City of Seal Beach, there are no maintenance and indemnity issues involved in the recommended location, Option C. The staff of the CCC appears to be receptive to the provision of a fence and gate system .across the Gum Grove Park extension between the rear fences of the Crestview homes and the new Heron Point homes as long as the fence is not located immediately adjacent to Seal Beach Boulevard, is a "natural" appearing _ fence structure, and is not too high. Staff envisions a split -rail wood fence approximately 5 -feet high with a metal gate similar to the existing gate at the Gum Grove Park entrance at Avalon that would be set back approximately 145 -260 feet from Seal Beach Boulevard. The gate would be closed between dusk and dawn, in accordance with the terms of the Coastal Development Permit. John Laing Homes will be responsible for all staff review, administrative permit, or permit amendment processes that the California Coastal Commission will require to consider approval of the proposed "Option C" altemate location. John Laing Homes would construct the approved design and would dedicate it to the property owner along with an annuity for on -going maintenance and care. The City will not be responsible for maintenance costs for the facility. John Laing Homes will construct the proposed fence across the Gum Grove Nature park extension and dedicate said facility to the City along with an annuity for on -going maintenance and care, or a lump -sum cash deposit in an amount Education Center.Rec Commission Memo 2 3 Memorandum of Recommendation re: Educational Center at Hellman Ranch Parks and Recreation Commission - September 10, 2003 determined appropriate by the City Council. The City Council will make the final determination to accept an annuity or a lump -sum cash deposit. The proposed "Option C" location, within the Hellman Properties LLC deed - restricted area, and the proposed fence and gate across the Gum Grove Nature park extension area will require revisions to the "Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California ", prepared by EDAW, Inc., dated July 2003. The Recreation Commission approved this "Memorandum of Recommendation" by the following vote on September 10, 2003: AYES: Commissioners - Goering, Sustarsic, and Watson NOES: Commissioners Rohman ABSENT: Commissioners Layman ABSTAIN: Commissioners Chairperson Parks and Recreation Commission City of Seal Beach Exhibit A: Boundaries of the "Grading Permit Limits" and the "Bio -Swale Boundary" as shown on the "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10- 25 -02" Education Center.Rec Commission Memo 2 4 Memorandum of Recommendation re: Educational Center at Hellman Ranch Parks and Recreation Commission September 10, 2003 PARKS AND RECREATION COMMISSION Memorandum of Recommendation SEPTEMBER 10, 2003 "EXHIBIT A" BOUNDARIES OF THE "GRADING PERMIT LIMITS" AND THE "BIO -SWALE BOUNDARY" AS SHOWN ON THE "ROUGH GRADING PLAN, HELLMAN RANCH, TENTATIVE TRACT 15402, SHEET 2 OF 7, DATED 10- 25-02" Education Center.Rec Commission Memo 2 5 i 1 _ IlLtrioam ,,,,,,r, : k , . 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'('‘.\ k--. e■ \ - ! cs i 1 , - :).- ! . 1 1 1 I ! /..A • , , -.4. - ,..---, , • Education Center.Rec Commission Memo 2 6 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 ATTACHMENT 3 PARKS AND RECREATION COMMLSSION STAFF REPORT RE: "CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT HELLMAN RANCH ", DATED SEPTEMBER 10, 2003, INCLUDING ALL ATTACHMENTS: ATTACHMENT A: DRAFT "MEMORANDUM OF RECOMMENDATION FROM RECREATION COMIVIISSION TO CITY COUNCIL RE: HELLMAN RANCH EDUCATIONAL CENTER - OPTION C LOCATION ", SEPTEMBER 10, 2003 - ATTACIIMENT B: PROPOSED PLANS - HELLMAN RANCH EDUCATIONAL CENTER ATTACHMENT C: REDUCED PORTION OF "ROUGH GRADING PLAN, HELLMAN RANCH, TENTATIVE TRACT 15402, SHEET 2 OF 7, DATED 10 -25 -02 ATTACIDVVIENT D: CALIFORNIA COASTAL COMMISSION STAFF REPORT RE: "CONDITION COMPLIANCE, PERMIT NUMBER 5 -97 -367, AS AMENDED ", AUGUST 7, 2003 • NOTE: ALL ATTACHMENTS HAVE NOT BEEN PROVIDED DUE TO LENGTH, 144 PAGES. THE ATTACHMENTS ARE AVAILABLE FOR REVIEW AT THE DEPARTMENT OF DEVELOPMENT SERVICES. THE ATTACHMENTS INCLUDE: 0 EXHIBIT 2: AMENDED COASTAL DEVELOPMENT PERMIT NUMBER 5 -97 -367, DATED JUNE 7, 2002 (17 PAGES) Education Facility.CC Staff Report 2 15 Proposed Educational Center at Hellman Ranch City Council Staff Report ' September 22, 2003 ATTACHMENT 3 (Continued) 13 EXHIBIT 3: MITIGATION PLAN FOR SIGNIFICANT CULTURAL RESOURCE DISCOVERIES, HELLMAN RANCH SPECIFIC PLAN AREA, SEAL BEACH, CALIFORNIA ", PREPARED BY EDAW, INC., DATED JULY 2003 (127 PAGES) ATTACHMENT E: CITY COUNCIL SUPPLEMENTAL AGENDA REPORT RE: "COASTAL COMIVIISSION CONSIDERATION OF MITIGATION PLAN FOR CULTURAL RESOURCES - HELLMAN RANCH ", JULY 28, 2003 ATTACHMENT F: CITY COUNCIL MINUTE EXCERPT RE: "HELLMAN RANCH - MITIGATION PLAN FOR CULTURAL RESOURCES - COASTAL COMMISSION", . JULY 28, 2003 ATTACHMENT G: CITY OF SEAL BEACH COMMENT LETTER TO CALIFORNIA COASTAL COMIVIISSION RE: "CONDITION COMPLIANCE - PERMIT NO. 5 -97- 367, AS AMENDED ", DATED JULY 29, 2003 ATTACHMENT H: CITY COUNCIL MINUTE EXCERPT ' RE: "PROPOSED EDUCATION CENTER - GUM GROVE NATURE PARK - HERON POINTE", JULY 14, 2003 • ATTACHMENT I: CITY COUNCIL STAFF REPORT RE: "CONSIDERATION OF PROPOSED EDUCATIONAL CENTER' AT GUM GROVE NATURE PARK ", DATED JULY 14, 2003, INCLUDING ATTACHMENTS 1 THROUGH 8: ATTACHMENT 1: "MEMORANDUM OF RECOMMENDATION RE: GUM GROVE NATURE PARK EDUCATIONAL CENTER ", FROM THE PARKS AND RECREATION COMIVIISSION TO CITY COUNCIL, APPROVED ON JUNE 25, 2003 Education Facility.CC Staff Report 2 16 Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 ATTACHMENT 3 (Continued) ATTACHMENT 2: PROPOSED PLANS - ORIGINAL PROPOSED LOCATION FOR GUM GROVE NATURE PARK EDUCATIONAL CENTER ATTACHMENT 3: PROPOSED PLAN - OPTION A LOCATION FOR GUM GROVE NATURE PARK EDUCATIONAL CENTER ATTACHMENT 4: PROPOSED PLAN - OPTION B LOCATION FOR GUM GROVE NATURE PARK EDUCATIONAL CENTER ATTACIIlVIENT 5: PARKS AND RECREATION COMIVIISSION STAFF REPORT RE: "CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT GUM GROVE NATURE PARK ", DATED JUNE 25, 2003 ATTACHMENT 6: MEETING NOTIFICATION OF CITY COUNCIL CONSIDERATION, DATED JUNE 30, 2003 ATTACHMENT 7: LETTER FROM MR. KRIEGER, 1725 CRESTVIEW AVENUE, DATED JULY 3, 2003 ATTACHMENT 8: LETTER FROM JOHN LAING HOMES RE: GUM GROVE PARK - EDUCATION CENTER - ANNUITY, DATED JULY 10, 2003 Education Facility.CC Staff Report 2 17 September 10, 2003 STAFF REPORT To: Chairperson and Members of the Parks and Recreation Commission From: Lee Whittenberg, Director of Development Services Subject: CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT HELLMAN • RANCH SUMMARY OF REQUEST: Review proposal for the establishment of an Educational Center at Hellman Ranch. Authorize the Chairperson to sign the provided "Memorandum of Recommendation" regarding the educational center, recommending approval of the proposed "Option C" alternate location and design and the proposed fence location and design for the Gum Grove Nature Park extension. BACKGROUND: Overview of Actions Since Commission Consideration of June 25, 2003: On August 7, 2003 the California Coastal Commission ( "CCC ") considered and approved the "Mitigation Plan" for the Heron Pointe development by John Laing Homes located on the Hellman Ranch property. A copy of the CCC Staff Report, without Exhibits B and C, is provided as Attachment C for the information of the Commission. The CCC approval included approval of the location of the "education facility" at the locations previously reviewed by this Commission and rejected by the City Council on July 14, 2003. On July 28, 2003 the City Council considered a • Staff Report regarding the CCC Condition Compliance issue and authorized the Mayor to sign a letter commenting on the condition compliance issue. Please refer to Attachments D, E and F to review a copy of the City Council Staff Report and Minutes of July 28, 2003, and the City comment letter dated July 29, 2003, respectively. The location approved by the CCC was proposed to be located between the rear yards of the homes along Crestview and the side yards of the most southerly homes of the Heron Pointe development. On July 14, 2003 the City Council rejected those proposed locations due to concerns regarding privacy and security from the adjoining property owners along Crestview. Please refer to Z:\My Documents\John Laing Homes\Education Facility.P &R Staff Report 2.doc\LW\09 -04 -03 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 Attachments G and H to review a copy of the City Council minutes and Staff Report of July 14, 2003, respectively. The CCC approval of the Mitigation Plan allows the initiation of the cultural resource work in accordance with the Mitigation Plan, and will also allow for the final grading of the residential development, the installation of all underground utility systems, and the road work to be completed. Authorization to pour foundations for the homes will be withheld by the Commission until a location for the education facility is approved by both the City and the Coastal Commission and constructed. The Coastal Commission indicated that if other alternative locations are considered and approved by the City Council that John Laing Homes could apply for an amendment to the approved "Mitigation Plan" and that would be considered by the Coastal Commission, probably as a permit amendment. Staff has met with John Laing Homes and Mr. Morales, the Most Likely Descendent, and Robert Dorame, the project Native American monitor, on the property and have identified a couple of alternate locations for the education facility that are on the west side of the Heron Point development, approximately 720 feet west of Seal Beach Boulevard and approximately 680 feet to the north of the rear property lines of the homes along Crestview. The Recreation Commission is not being requested to review any aspect of the Mitigation Plan other than the proposed Educational Center within the Hellman Ranch properties, as the Commission did at the June 25, 2003 meeting. Overview of Alternative Locations "C" and "D" for the Education Facility: The "Option C" location is immediately west of the "pocket park" (Lot D) within the residential ' development, and the "Option D" location is within the pocket park itself. The pocket park is indicated as "Lot D" on the approved "Rough Grading Plan" for Tentative Tract 15402. Please refer to Attachment B for the maps indicating the proposed locations for Alternate Locations "Option C" and "Option D ", sections of these locations, and an artistic conception of the proposed fence between the Crestview homes and the Heron Pointe development. Please refer to Attachment C to review a copy of the appropriate portion of the approved "Rough Grading Plan". The Native American representatives are not supportive of the location within the pocket park, Option D as it places the facility immediately between large two -story homes. The location to the west of the pocket park, Option C, is more preferable due to the following considerations: .0 The location is of high preference to the Native American representatives as it is approximately 745 feet away from the Crestview homes, is located within the culturally Education Facility.P &R Staff Report 2 2 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 significant Landing Hill complex, provides an excellent viewpoint over the future wetland restoration area, provides a direct view towards the "Puvunga" site in Long Beach and the San Gabriel Mountains in the far background. ❑ The site will be located on a terrace approximately 4 -6 feet lower than the back yards of the Heron Pointe homes facing the wetland area, allowing for sufficient landscape screening. ❑ The site would be accessed from the main trail through Gum Grove Park with a narrower "spur trail" at this time. Ultimately, this spur trail could be the starting point for an ultimate trail system around the entire 100 -acre restored wetland area. The CCC made it very clear during their discussion of the education facility that the only access to the education facility cannot be through the residential development. ❑ The proposed project will also include a fence and gate system across the Gum Grove Park extension between the rear fences of the Crestview homes and the new Heron Point homes. CCC staff appears to be receptive to this idea as long as the fence is not located immediately adjacent to Seal Beach Boulevard, is a "natural" appearing fence structure, and is not too high. Staff is envisioning a split -rail wood fence approximately 5 -feet high with a metal gate similar to the existing gate at the Gum Grove Park entrance at Avalon that would be set back between 145 -260 feet from Seal Beach Boulevard. The gate would be closed between dusk and dawn, in accordance with the terms of the Coastal Development Permit. Staff is recommending approval of proposed Altemate Location "Option C ", based on the above positive factors of this location and the concerns of the Native Americans regarding proposed Alternate Location "Option D ". The "Option C" location is to be located within the boundaries of the "Grading Permit Limits" and the "Bio-Swale Boundary" as shown on the "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10- 25 -02. Please refer to Attachment C to review a copy of the appropriate portion of the approved "Rough Grading Plan". The proposed facility is to be located within the remainder parcel of Hellman Ranch, a 25 -year, deed - restricted, 100 -acre parcel. The uses are ".. restricted to wetlands restoration, open space, and environmental educational purposes ", as stipulated in Condition 16.A.(3) of the CCC approved Coastal Development Permit 5 -97 -367, as amended. The Alternate Locations "Option C" and "Option D" are located approximately 720 feet west of Seal Beach Boulevard, to the west of the most westerly homes to be constructed as part of the "Heron Pointe" development by John Laing Homes. The proposed locations are approximately 745 feet to the north of the Crestview homes, is located within the culturally significant Landing Hill complex, provides an excellent viewpoint over the future wetland restoration area, and provides a direct view towards the "Puvunga" site in Long Beach and the San Gabriel Mountains in the far background. The general design of the educational facility is similar to that previously considered by the Commission on June 25, 2003. It has access from the parking area to be provided adjacent to Seal Beach Boulevard, is within a reasonable walking distance from Seal Beach Boulevard, is sufficiently distant from neighboring homes to not be a disruption to those homes, is visible from the new homes to be constructed by John Laing Homes at Heron Pointe for security purposes, Education Facility.P&R Staff Report 2 3 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 and provides a suitable and respectful location for the honoring of the Gabrielino- Tongva ancestors. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. A spur trail will then lead from the main Gum Grove Nature Park trail, along the westerly side of the new homes of "Heron Pointe" to the proposed location for the educational facility. Ultimately, this spur trail could be the starting point for a major trail system around the entire 100 -acre restored wetland area The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron Pointe development and just to the west of the "pocket park" proposed as part of the Heron Pointe development. The facility itself is proposed to be "a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30 feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will be 5 feet. This area is envisioned to be utilized as an informal sitting area for persons who may be attending an interpretative talk by Native American representatives, other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 6 and 8 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting area and the capability of viewing the interpretative display panels from both sides. Access to the facility will be via a trail to be constructed at the bottom of the slope, which is located just west of the home sites and south of the "pocket park ". This trail will connect to the Gum Grove Park trail system to be built with the development. This facility will be located on a raised area, to the west of the pocket park within the Heron Pointe residential development, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25 -years for a future wetland restoration project, the culturally- significant "Puvunga" site in the City of Long Beach, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plants, including Coast Live Oaks. Additional shrubs and grasses include: Western Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of boulders are proposed along the trail from the Seal Beach Boulevard parking area to the Educational Center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. Education Facility.P &R Staff Report 2 4 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 • The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. Since the proposed location is not to be located on property that would ultimately be deeded to the City of Seal Beach, there are no maintenance and indemnity issues involved in the recommended location, Option C. As indicated above, the staff of the CCC appears to be receptive to the provision of a fence and gate system across the Gum Grove Park extension between the rear fences of the Crestview homes and the new Heron Pointe homes as long as the fence is not located immediately adjacent to Seal Beach Boulevard, is a "natural" appearing fence structure, and is not too high. Staff is envisioning a split -rail wood fence approximately 5 -feet high with a metal gate similar to the existing gate at the Gum Grove Park entrance at Avalon that would be set back between 145 -260 feet from Seal Beach Boulevard. The gate would be closed between dusk and dawn, in accordance with the terms of the Coastal Development Permit. Anticipated City Review Process of Alternative Locations for the Education Facility: The schedule presented below is based on the anticipation that both the Parks and Recreation Commission and the City Council reach closure on the issue at the meeting dates indicated below. If additional meetings are necessary to determine the matter, the meeting schedule will need to be revised. The anticipated review and consideration process is presented below: ❑ September 10, 2003 - Parks and Recreation Commission Meeting (Special Meeting) ❑ The Commission will review the proposed alternative locations, receive comments from interested individuals, and forward its recommendations regarding the alternative locations to the City Council for final consideration and approval. Notice of the Parks and Recreation Commission meeting were mailed to all property owners and to occupants of those residential properties along Crestview on August 21, 2003. ❑ September 22, 2003 — City Council Meeting ❑ The City Council will review the recommendations of the Parks and Recreation Commission regarding the alternative locations and determine to approve a location based on the recommendation of the Commission and any additional public testimony that may be presented at the City Council meeting. Notice of the City Council meeting was mailed to all property owners and to occupants of those residential properties along Crestview on September 2, 2003. Education Facility.P &R Staff Report 2 5 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 Upon a final determination as to an acceptable location by the City Council, John Laing Homes will then submit the appropriate application materials to the California Coastal Commission for its review, consideration and action. At this time it is not possible to anticipate the date of any future consideration of this matter by the Coastal Commission. Review of Previous Activities regarding the proposed "Education Facility" During the site grading activities for the John Laing Homes development (Heron Point) on the Hellman Ranch Specific Plan Area ( "SPA ") property a significant number of Native American burials have been encountered. In order to comply with the provisions of the Coastal Development Permit issued by the CCC, a "Mitigation Plan" was prepared by the City - selected archaeological firm, EDAW, in consultation with the State - appointed Most Likely Descendent (the "MLD "), Anthony Morales, and John Laing Homes, the property owner. The "Mitigation Plan" was reviewed and approved by the MLD and John Laing Homes. The City of Seal Beach Archaeological Advisory Committee reviewed the "Mitigation Plan" on May 21, 2003 and forwarded a comment letter on the plan to the CCC. This "Mitigation Plan" includes an evaluation of the significance of the burials and other finds that have occurred during monitoring. Please refer to the Commission Staff Report of June 25, 2003 for additional information regarding the Mitigation Plan. The June 25, 2003 Commission Staff Report is provided as Attachment 5 to the City Council Staff Report of July 14, 2003. Please refer to Attachment H to review the previous Commission Staff Report. The Mitigation Plan specifies that JLH in consultation with the MLD will design an educational facility for Gum Grove Park that will be suitable for use in cultural and educational programs focusing on the environment, history and Native American culture of the project area. Pending approval of this design by the City of Seal Beach and the Coastal Commission, JLH will construct and landscape this facility and dedicate it to the City of Seal Beach. Mitigation Measure 6 is the particular issue before the Commission, and this mitigation measure reads as follows: Education Facility.P &R Staff Report 2 6 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 Mitigation Measure Comments 6 Develop a cultural - educational center within Pending City and Coastal Gum Grove Park — JLH will retain an appropriate Commission approval, JLH will consultant to design this facility in consultation complete this measure in with the MLD. Designs will be submitted to the conjunction with the process of City of Seal Beach and California Coastal dedicating Gum Grove Park to Commission for approval. the City of Seal Beach and will construct and landscape the center during project construction. The Mitigation Plan further discusses this proposal in Section 6, "Mitigation Program" and that discussion is provided here for the convenience of the Commission: "Development of Educational Center - An educational center will be constructed within the Gum Grove Park extension area (Figure 8; Appendix C). This facility will consist of a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area. JLH will ensure that the design process is coordinated with the City of Seal Beach and the Gum Grove Park Advisory Committee, and will present the adopted design to the City of Seal Beach Parks and Recreation Commission and City Council for review and approval. Contingent upon receiving the necessary approvals, JLH would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on -going maintenance and care. Construction -level plans of the facility are presented in Appendix C." RECOMMENDATION Authorize the Chairperson to sign the provided "Memorandum of Recommendation" regarding the educational center, recommending approval of the proposed "Option C" alternate location and design and the proposed fence location. Please refer to Attachment 1 to review the proposed Memorandum of Recommendation. • fe Whittenberg, ' irector Development Services Department Education Facility.P &R Staff Report 2 7 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 Attachments: (9) Attachment A: Draft "Memorandum of Recommendation from Recreation Commission to City Council re: Hellman Ranch Educational Center — Option C Location ", September 10, 2003 Attachment B: Proposed Plans — Hellman Ranch Educational Center Attachment C: Reduced Portion of "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10 -25 -02 Attachment D: California Coastal Commission Staff Report re: "Condition Compliance, Permit Number 5 -97 -367, as amended ", August 7, 2003 Note: All attachments have not been provided due to length, 144 pages. The attachments are available for review at the Department of Development Services. The attachments include: Exhibit 2: Amended Coastal Development Permit Number 5- 97 -367, dated June 7, 2002 (17 pages) Exhibit 3: Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California ", prepared by EDAW, Inc., dated July 2003 (127 pages) Attachment E: City Council Supplemental Agenda Report re: "Coastal Commission Consideration of Mitigation Plan for Cultural Resources — Hellman Ranch ", July 28, 2003 Attachment F: City Council Minute excerpt re: "Hellman Ranch — Mitigation Plan for Cultural Resources — Coastal Commission ", July 28, 2003 Attachment G: City of Seal Beach Comment Letter to California Coastal Commission re: "Condition Compliance - Permit No. 5 -97 -367, as Amended ", dated July 29, 2003 Attachment H: City Council Minute excerpt re: "Proposed Education Center — Gum Grove Nature Park — Heron Pointe', July 14, 2003 • Education Facility.P &R Staff Report 2 8 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 Attachment I: City Council Staff Report re: "Consideration of Proposed `Educational Center' at Gum Grove Nature Park ", dated July 14, 2003, including Attachments 1 through 8: Attachment 1: "Memorandum of Recommendation re: Gum Grove Nature Park Educational Center", from the Parks and Recreation Commission to City Council, approved on June 25, 2003 Attachment 2: Proposed Plans — Original Proposed Location for Gum Grove Nature Park Educational Center Attachment 3: Proposed Plan — Option A Location for Gum Grove Nature Park Educational Center Attachment 4: Proposed Plan — Option B Location for Gum Grove Nature Park Educational Center Attachment 5: Parks and Recreation Commission Staff Report re: "Consideration of Proposed "Educational Center" at Gum Grove Nature Park ", dated June 25, 2003 Attachment 6: Meeting Notification of City Council Consideration, dated June 30, 2003 Attachment 7: Letter from Mr. Krieger, 1725 Crestview Avenue, dated July 3, 2003 Attachment 8: Letter from John Laing Homes re: Gum Grove Park — Education Center — Annuity, dated July 10, 2003 * * * * • Education Facility.P &R Staff Report 2 9 • Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 ATTACHMENT A DRAFT "MEMORANDUM OF RECOMMENDATION FROM RECREATION COMMISSION TO CITY COUNCIL RE: HELLMAN RANCH EDUCATIONAL CENTER - OPTION C LOCATION ", SEPTEMBER 10, 2003 Education Facility.P &R Staff Report 2 10 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report y oi „R September 10, 2003 mar �F9�;. '2 ' PARKS AND RECREATION yG,� . A As, QQ 4 "ri. `ot COMMISSION • Memorandum of Recommendation To: Mayor Campbell and Members of the City Council Date: September 10, 2003 SUBJECT: RECOMMENDATION RE: PROPOSED HELLMAN RANCH EDUCATIONAL CENTER — OPTION C LOCATION The Recreation Commission considered this matter and an accompanying Staff Report on September 10, 2003. After receipt of public comments and deliberations and discussion among the Commission members, it was the determination of the Recreation Commission to recommend approval of the proposed "Educational Center" at Hellman Ranch, "Option C" Location and the proposed fence across the Gum Grove Nature park extension, if developed in substantial compliance with the development proposal as outlined below: OVERVIEW OF PROPOSED HELLMAN RANCH EDUCATIONAL CENTER DEVELOPMENT PLAN The proposed facility is to be located within the remainder parcel of Hellman Ranch, a deed - restricted, 100 -acre parcel for future wetland restoration and other allowable purposes, including "environmental educational purposes ", as stipulated in the CCC approved Coastal Development Permit 5 -97 -367, as amended, Condition 16.A.(3). The Alternate Location "Option C" is located approximately 720 feet west of Seal Beach Boulevard, to the west of the most westerly homes to be constructed as part of the "Heron Pointe" development by John Laing Homes. The proposed location is approximately 745 feet to the north of the Crestview homes, is located within the culturally significant Landing Hill complex, provides an excellent viewpoint over the future wetland Education Facility.P&R Staff Report 2 11 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 • restoration area, and provides a direct view towards the "Puvunga" site in Long Beach, and the San Gabriel Mountains in the far background. The "Option C" location is to be located within the boundaries of the "Grading Permit Limits" and the "Bio -Swale Boundary" as shown on the "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10- 25 -02. Please refer to "Exhibit A" to review the boundaries of the "Grading Permit Limits" and the "Bio -Swale Boundary" as shown on the "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10- 25 -02" area recommended-by the Commission. The general design of the educational facility is similar to that previously considered by the Commission on June 25, 2003. It has access from the parking area to be provided _ adjacent to Seal Beach Boulevard, is within a reasonable walking distance from Seal Beach Boulevard, is sufficiently distant from existing neighboring homes to not be a disruption to those homes, is visible from the new homes to be constructed by John Laing Homes at Heron Pointe for security purposes, and provides a suitable and respectful location for the honoring of the Gabrielino - Tongva ancestors. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. A spur trail will then lead from the main Gum Grove Nature Park trail, along the westerly side of the new homes of "Heron Pointe" to the proposed "Option C" location for the educational facility. Ultimately, this spur trail could be the starting point for a major trail system around the entire 100 -acre restored wetland area The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron. Point development and just to the west of the "pocket park" proposed as part of the Heron Pointe development. The facility itself is proposed to be "a low, circular structure with associated landscaping , and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30 feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will be 5 feet. This area is envisioned to be utilized as an informal sitting area for persons who may be attending an interpretative talk by Native American representatives, other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 6 and 8 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting area and the capability of viewing the interpretative display panels from both sides. Access to the facility will be via a trail to be constructed at the bottom of the Education Facility.P &R Staff Report 2 12 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 slope, which is located just west of the home sites and south of the "pocket park ". This trail will connect to the Gum Grove Park trail system to be built with the development. This facility will be located on a raised area, to the west of the pocket park within the Heron Pointe residential development, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25 -years for a future wetland restoration project, the culturally - significant "Puvunga" site in the City of Long Beach, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plants, including Coast Live Oaks. Additional shrubs and grasses include: Western Rosebud, Toyon, Califomia Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of boulders are proposed along the trail from the Seal Beach Boulevard parking area to the Educational Center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. Since the proposed location is not to be located on property that would ultimately be deeded to the City of Seal Beach, there are no maintenance and indemnity issues • involved in the recommended location, Option C. The stafrof the CCC appears to be receptive to the provision of a fence and gate system across the Gum Grove Park extension between the rear fences of the Crestview homes and the new Heron Point homes as long as the fence is not located immediately adjacent to Seal Beach Boulevard, is a "natural" appearing fence structure, and is not too high. Staff envisions a split -rail wood fence approximately 5 -feet high with a metal gate similar to the existing gate at the Gum Grove Park entrance at Avalon that would be set ' back approximately 145 -260 feet from Seal Beach Boulevard. The gate would be closed between dusk and dawn, in accordance with the terms of the Coastal Development Permit. John Laing Homes will be responsible for all staff review, administrative permit, or permit amendment processes that the California Coastal Commission will require to consider approval of the proposed "Option C" alternate location. John Laing Homes would construct the approved design and would dedicate it to the property owner along with an annuity for on -going maintenance and care. The City will not be responsible for maintenance costs for the facility. Education Facility.P&R Staff Report 2 13 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 John Laing Homes will construct the proposed fence across the Gum Grove Nature park extension and dedicate said facility to the City along with an annuity for on -going maintenance and care, or a lump -sum cash deposit in an amount determined appropriate by the City Council. The City Council will make the final determination to accept an annuity or a lump -sum cash deposit. The proposed "Option C" location, within the Hellman Properties LLC deed - restricted area, and the proposed fence and gate across the Gum Grove Nature park extension area will require revisions to the "Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California ", prepared by EDAW, Inc., dated July 2003. (Note: The following language will be utilized if the Commission determines it is appropriate to recommend an alternate location or design consideration upon receipt of public comments on September 10, 2003) "Alternate Location /Design Concerns Suggested by the Recreation Commission! Based on comments received on September 10, 2003 from neighbors and the representatives of John Laing Homes and Hellman Properties LLC, the Commission strongly recommends consideration of an alternate location or alternate design concerns that would comply with the following location /design criteria: ❑ Insert language approved by Commission regarding alternate location /design concerns" The Recreation Commission approved this "Memorandum of Recommendation" by the following vote on September 10, 2003: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Education Facility.P &R Staff Report 2 14 • Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 Chairperson Parks and Recreation Commission City of Seal Beach Exhibit A: Boundaries of the "Grading Permit Limits" and the "Bio -Swale Boundary" as shown on the "Rough Grading Plan, Hellman Ranch, Tentative Tract 15402, Sheet 2 of 7, dated 10- 25 -02" Education Facility.P &R Staff Report 2 15 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 PARKS AND RECREATION COMMISSION Memorandum of Recommendation SEPTEMBER 10, 2003 "EXHIBIT A" BOUNDARIES OF THE "GRADING PERMIT LIMITS" AND THE "BIO -SWALE BOUNDARY" AS SHOWN ON THE • "ROUGH GRADING PLAN, HELLMAN RANCH, TENTATIVE TRACT 15402, SHEET 2 OF 7, DATED 10- 25-02" Education Facility.P &R Staff Report 2 16 `f ; .. .. , t•: ! : , ! i 1 , . of C. . : „ , ....,., , . . ‘ , ,,,.„.,.;;,:r„ .+ 112.00' . / s i ; oa r J , \ \ Y : I ♦ ; ia 5=•t`4 i . 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I 04 • /ca. ,.-' I pai - ..._ , .....----' LI 1 ‘-. ''■K, e '. ' ; ; 1 ; i' . .. 0 ./ I In' - - i -- l' , , ., ..,./- , 0' ,' I I • a. Li. i / I - 1I , Z I ',-.... ,, -...4,if - , , / / / r P i • ,• 1 5 I ;, -4 - i . s .,. .;:s.5.1.>: • c) i i , , ‘ ... 1 i ' ; i i i / / I I 1 1 . 1 I i I 1 c lo : lo• \ 1 ...• 7 4. .4* \ Cr • ..le ‘ ,it, ■ I i , 1 c c : "1 lt c: \ (: CD I . i, , , .„:- , Lst ; i I 1 , - 1 - \ . ,,,-, -,:' 1.. ..--,,,::,;:of,# Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 ATTACHMENT D CALIFORNIA COASTAL COMIVIISSION STAFF REPORT RE: "CONDITION COMPLIANCE, PERMIT NUMBER 5 -97 -367, AS AMENDED ", AUGUST 7, 2003 NOTE: ALL ATTACHMENTS HAVE NOT BEEN PROVIDED DUE TO LENGTH, 144 PAGES. THE ATTACHMENTS ARE AVAILABLE FOR REVIEW AT THE DEPARTMENT OF DEVELOPMENT SERVICES. 'l'HE ATTACHMENTS INCLUDE: ❑ EXHIBIT 2: AMENDED COASTAL DEVELOPMENT PERMIT NUMBER 5 -97 -367, DATED JUNE 7, 2002 (17 PAGES) ❑ EXHIBIT 3: MITIGATION PLAN FOR SIGNIFICANT CULTURAL RESOURCE DISCOVERIES, HELLMAN RANCH SPECIFIC PLAN AREA, SEAL BEACH, CALIFORNIA ", PREPARED BY EDAW, INC., DATED JULY 2003 (127 PAGES) Education Facility.P &R Staff Report 2 19 STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor CALIFORNIA COASTAL COMMISSION Staff: KFS -LB South Coast Area Office Staff Report: July 24, 2003 7 Oceangate, suite 1000 Hearing Date' August 6 -8, 2003 Beath, CA 90802 -4302 Commission Action: 590 -5071 Th17.5 STAFF REPORT: CONDITION COMPLIANCE PERMIT NUMBER: 5 -97 -367, as amended PERMITTEES: Hellman Properties LLC W.L. Homes LLC (dba John Laing Homes) AGENTS: Dave Bartlett, Dave Bartlett Associates Susan Hori, Manatt Phelps & Philips PROJECT LOCATION: Northeast of Pacific Coast Highway (State Route 1), Southeast of the San Gabriel River, South of Adolfo Lopez Drive, West of Seal Beach Boulevard, and North of Marina Hill; City of Seal Beach; County of Orange APPROVED PROJECT: Subdivision of the site including 70 single - family residential lots; implementation of an archeological investigation; 420,000 cubic yards of grading; dedication of Gum Grove Park to the City; reservation of 157 acres of land for habitat restoration, and construction of a water quality bio -swale and basin. DESCRIPTION OF Public hearing regarding current compliance with Special Condition CURRENT REQUEST: 19 of Coastal Development Permit 5 -97 -367, as amended, which requires the Permittees to submit, for review and approval by the Executive Director, recommendations for appropriate actions and associated modifications to the previously submitted cultural resources mitigation plan when significant additional or unexpected cultural resources are encountered during project construction, for site conditions specifically addressed in the Cease and Desist Order (CCC- 02- CD -05) issued by the Commission on December 10, 2002. SUMMARY OF STAFF RECOMMENDATION • Staff recommends that the Commission concur with the Executive Director's determination that the amended cultural resources mitigation plan complies as of this time with the requirements of Special Condition 19 of Coastal Development Permit 5 -97 -367, as amended, as to the site conditions specifically addressed in the Cease and Desist Order (CCC- 02- CD -05) issued by the Commission on December 10, 2002. 5 -97 -367, as amended Condition Compliance Page 2 of 5 I. STAFF RECOMMENDATION . • MOTION : / move that the Commission overturn the Executive Director's determination that the amended cultural resources mitigation plan submitted by the Permittees complies as of this date with the requirements of Special Condition 19.C. and F.(1). of Coastal Development Permit 5 -97 -367, as amended, as to those site conditions specifically addressed in the Cease and Desist Order (CCC- 02- CD -05) issued by the Commission on December 10, 2002. STAFF RECOMMENDATION OF DENIAL: Staff recommends a NO vote. Failure of the motion results in adoption of the following resolution and findings, and means that the Permittees must implement the amended mitigation plan,. as submitted. This motion passes only by an affirmative vote of a majority of Commissioners present. RESOLUTION: The Commission hereby affirms the Executive Director's determination that the amended cultural resources mitigation plan submitted by the Permittees complies with subsections C and F.(1) of Special Condition 19 and that, given the Executive Director's approval of that plan and pursuant to Special Condition 19.D., the Permittees must now implement the amended mitigation plan in accordance with the provisions of Special Condition 19, as well as fully comply with all other requirements of the permit. II. FINDINGS AND DECLARATIONS The Commission hereby finds and declares: A. Background On September 9, 1998, the Commission approved Coastal Development Permit (CDP) No. 3 -97 -367 authorizing, among other development, a 70 single - family lot residential subdivision in Seal Beach, Orange County called Hellman Ranch. The properties to which the Permit applies are identified as Tracts 15381 and 15402 and are located northeast of Pacific Coast Highway (State Route 1), southeast of the San Gabriel River, south of Adolfo Lopez Drive, west of Seal Beach Boulevard, and north of Marina Hill (hereinafter referred to as the "Project Site "). (Exhibit 1). On June 14, 2001, the Commission amended the Permit to modify the project description (hereinafter referred to as "the Permit ") (Exhibit 2). The property owners are W.L. Homes, LLC dba John Laing Homes and Hellman Properties, LLC (hereinafter referred to as "Permittees "). The Commission approved the proposed development subject to special conditions, including Special Condition 19 which relates to the archeological testing program that was proposed as well as establishing procedures that must be implemented in the event that additional or unexpected cultural resources are discovered during project construction. Beginning in July 2002, John Laing Homes began grading and Native American human remains were discovered and unearthed on the site of the 70 single- family home lot residential subdivision. They continued to discover remains as the work progressed, and did not cease construction until the number had reached 22 human remains. The majority of these remains (18) were discovered 5 -97 -367, as amended Condition Compliance Page 3 of 5 on property owned by John Laing Homes. The other four remains were discovered on property owned by Hellman Properties. On September 16, 2002, the Permittees halted grading and construction activities at the Project Site after Commission Staff (hereinafter referred to as "Staff ") informed them that they were violating the terms -and conditions of the Permit by failing to address the discovery of the Native American remains in accordance with the requirements of Special Condition 19.F.1 to the CDP. Staff requested confirmation that they would comply with the requirements of Special Condition 19.F.1. In light of continuing discoveries of additional remains, and to insure compliance with the Permit, on September 18, 2002 the Executive Director issued a Cease and Desist Order to the Permittees (EDCDO No. ED- 02- CD -01), which was effective for 90 days. On December 10, 2002, prior to expiration of the Executive Director issued Cease and Desist Order, the Commission issued Cease and Desist Order ( "CDO ") CCC- 02 -CD -05 which required the Permittees to cease and desist from any non - compliance with the terms and conditions of the Permit, as amended; and from undertaking any further work at the site until (1) they bring themselves into full compliance with the Permit; (2) the Executive Director approves a revised set of recommendations and an amended cultural resources mitigation plan; and, if necessary, (3)the permit is amended to incorporate any significant changes to the approved development. At the same time, the Commission held a permit condition interpretation hearing dunng which it affirmed the Executive Director's determination that Special Condition 19.F.1. applies to the discoveries made at the site and that the Permittees must therefore prepare a written mitigation plan in accordance with th= .:;;r of Special Condition 19.C. for the review and approval of the Executive Director pursuant to the requirements of Special Condition 19.F.1., as well as fully comply with all other requirements of 19.F.1 and 19.F.2. The full text of Special Condition 19 is , attached as Exhibit 2 B. Proposed Mitigation Plan Pursuant to Special Condition 19 of the permit and the CDO, the Permittees have submitted . Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California dated July 2003 by EDAW, Inc. of San Diego (herein "Mitigation Plan ") for the review and approval by the Executive Director The mitigation plan identifies the archeological materials and human remains that have been discovered on the Project Site since commencement of construction, evaluates these discoveries, and outlines recommendations /appropriate actions to mitigate for impacts that have occurred to cultural resources as well as measures to avoid and minimize additional impacts to such resources. The main elements of the proposed mitigation plan are: 1) avoidance and preservation of the most culturally sensitive area on the site known at this time; 2) identification of field procedures related to artifacts and burials encountered once construction re- commences at the site; 3) repatriation and reburial of exhumed human remains; 4) construction of an educational center within the Gum Grove Park extension area; and 5) a final technical report to be prepared, once ground- disturbing ' construction activities are complete, that evaluates the cultural resources encountered at the site. These elements are outlined in detail in the mitigation plan (redacted edition' attached as Exhibit 3). 1 In order to protect the confidentiality of the location of the Native American human remains, consistent with §§ 6254(r) and (k) of the Public Resources Code, some documents attached to this condition compliance staff report as exhibits have been redacted. 5 -97 -367, as amended Condition Compliance Page 4 of 5 The Executive Director h u reviewed the Mitigation Plan and has found that the plan complies with the requirements of SpeciarCondition 19 of the Permit. In negotiating the mitigation plan with the Permittees and interested parties, the Executive Director identified several primary objectives of the mitigation plan that would be necessary to assure compliance with Special Condition 19. These objectives were as follows: 1) identify the most culturally sensitive areas on the Project Site based on the information available; 2) minimize and, where feasible, avoid impacts to the most sensitive cultural areas; 3) mitigate impacts to significant archeological features /cultural resources that have occurred; 4) identify procedures to avoid adverse impacts to anticipated "additional" 2 significant archeological features /cultural resources that are "expected " to be found, and where adverse impacts are unavoidable, to provide mitigation for those impacts; 5) ensure that the procedures outlined in Special Condition 19 with respect to the discovery of "additional" or "unexpected" finds are implemented; and 6) obtain consensus regarding the mitigation plan with Native Americans having cultural ties to the project area, the Permittees, and the City. The Executive Director has determined that the Mitigation Plan satisfies all of these objectives and that the plan complies with the requirements of Special Condition 19 Notably, the Permittees have identified an area on the Project Site where a concentration of human burials, an animal interment, and associated artifacts indicate the area has cultural significance. This area is generally known as CA -ORA -264. Although grading has impacted this area, a significant quantity of the cultural deposits are still present on the Project Site. Additional, undiscovered human remains are thought to be located within the remaining deposits. The Permittees have modified the project to eliminate development that would significantly impact the remainder of the cultural deposits. These changes have included the elimination of 6 approved (but not yet built) residential structures and associated appurtenances, and modifications to an oil facility access road and utility trench. The entirety of the 6 residential lots and some adjacent land will be preserved in perpetuity as a cultural resources preservation area through recordation of a deed restriction. The remaining cultural deposits will be capped with fill and the area landscaped with native vegetation. The Executive Director has determined that the measures outlined in the Mitigation Plan do not necessitate a permit amendment. Another feature of the Mitigation Plan is the development of an education center within the Gum Grove Park extension area. The education center would consist of a ground level circular structure including a seat wall, along with landscaping and signs that will provide information to, park visitors regarding Native American culture and use of the project area. The education center is not an enclosed structure of any kind, but rather a themed interpretive area. The education center is to be located at one of two locations within the Gum Grove Park extension that are identified in the Mitigation Plan. Final plans for the education center, such as sign content and notification as to which one of the two locations identified in the Mitigation Plan were selected, must be submitted and are subject to the review and approval of the Executive Director. The two locations identified in the Mitigation Plan have not yet received final local approval. They were approved by the City's Parks and Recreation Commission and recommended to the City Council. However, at the City Council level, some controversy emerged regarding the location of the education center. Occupants of the existing homes that abut Gum Grove Park have raised concerns about noise and the potential for the education center to become an attractive nuisance and place for nefarious activities during the evening. The City Council has instructed the Permittees to address these issues and identify some alternative locations for the Council to 2 "Additional" as that term is used within the permit "Expected" as that term is used within the permit 5 -97 -367, as amended Condition Compliance Page 5 of 5 consider that would be in addition to, but different from, those that are identified in the Mitigation Plan. These alternative locations may be within the Gum Grove Park extension, or elsewhere on • the Project Site, including within the new residential subdivision or the lowlands. The Executive Director determined that the two locations identified in the Mitigation Plan would be consistent with the requirements of Special Condition 19 and the other terms and conditions of the permit. The Executive Director found that creation of the education center in one of the two identified locations would not require an amendment to the Permit or a new permit. However, there may be issues related to public access, land use and biological resource protection, with other locations. Furthermore, other locations may not be as suitable as those identified in the Mitigation Plan from a cultural standpoint. Thus, locations other than those identified in the Mitigation Plan may necessitate a permit amendment. Staff believes that it remains a strong possibility that once alternative locations are reviewed, the City Council will select one,of the two locations that are presently identified in the Mitigation Plan. Since this is a possibility and there is strong interest by both the Permittees and the affected Native Americans to re -start aspects of the project and to implement aspects of the Mitigation Plan that are unrelated to the education center, the Executive Director has chosen to present the Mitigation Plan to the Commission in it's present form. If the Commission does not overturn the Executive Director's actions and as long as the Permittees remain in compliance with the Permit and its conditions, and the requirements of the Cease and Desist Order, the Permittees will be allowed to prepare and submit those documents that must be submitted and approved by the Executive Director prior to recommencement of construction, and once construction is allowed to begin, to immediately implement the identified mitigation measures such as the additional archeological testing and re- interment of remains, among other measures. If the City Council were to choose a location different from the two locations presently identified in the Mitigation Plan, the Executive Director will need to review this new location and make a determination as to whether that location is consistent with the Permit and whether or not the location necessitates a permit amendment. If the Executive Director determines that a Commission action is necessary to implement an alternative location, the matter be returned to the Commission for action. Furthermore, even if the Executive Director determined that a permit amendment was not _ necessary to implement a location different from the two presently identified in the Mitigation Plan, the Executive Director would return the revised Mitigation Plan to the Commission for their concurrence with the alternative location. The Commission hereby concurs with the Executive Director's determination that the Mitigation Plan complies as of this date with the requirements of Special Condition 19 of the Permit, as they apply to the specific site conditions addressed in the Cease and Desist Order (CCC- 02- CD -05) issued by the Commission on December 10, 2002. Accordingly, and given that the Executive - Director has determined that a permit amendment is not required to effectuate or implement the revised Mitigation Plan and associated recommendations /appropriate actions, with respect to Cease and Desist Order CCC- 02- CD -05, the Commission finds that the Permittees may re- commence work at the site consistent with the Mitigation Plan and all other terms and conditions of the Permit. PP` alli " SESEEE/ _ \ HAp ;.' s w DE 41;:'' — \ N V f") \r r I \/ Ln \ / \ — ' / - '' fi r.. ^ r ' r. 1 _, • �� `� :� '0.0 \ •Y F r er te ., ti ' i - • .C..''' RL — -•— � • -,fi ▪ \ v J v q. ¢ J "......7). ?� . '�j ) .9_,: ps I. ri , z , . _ II ` % ,, I:• g _ 'lo r d ■ a ' ,. ' 1 � �� � W •� }•'OtlIWJx : � . ' a �''. F -- 1 ,4 YY J �� ii .'�'� I -- -'• � ,- s ,' 1 _ 1 rsr X - • fs /' f.....4 _ _ t`1 �- Or "" "�' j'f+Y 144,;„ . 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COMMISSION • as • ti C '. + . ry sE'a•�c .r' -, e � �;' AY (V`.1.;•''', � 3 7� �r.`YM7��h a 5- 97— 361 N I A Y 6 . { ' � •, ...- ! „ li ' y 'q - 'y;' 1 � Co 410 Cor►PI E/!a/G� � yAr�,,� a . .. , .. •-r , •�7 ,- ' Ar EXHIBIT# ! I r: V. •, •K. 7 , • Z z PAGE _____I___ O F ___ 1 Ar I' Jp3dSpid par •. rbY - Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 ATTACHMENT E CITY COUNCIL SUPPLEMENTAL AGENDA REPORT RE: "COASTAL COMNIISSION CONSIDERATION OF MITIGATION PLAN FOR CULTURAL RESOURCES - HELLMAN RANCH ", JULY 28, 2003 • Education Facility.P &R Staff Report 2 20 FILE COPY SUPPLEMENTAL AGENDA REPORT • DATE: July 28, 2003 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager " FROM: Lee Whittenberg, Director of Development Services SUBJECT: COASTAL COMMISSION CONSIDERATION OF MITIGATION PLAN FOR CULTURAL RESOURCES - HELLMAN RANCH SUMMARY OF REQUEST: - Authorize Mayor to sign comment letter with any revisions determined appropriate. Authorize Director of Development Services to attend Coastal Commission Meeting and respond to issues and concerns on behalf of the City. Receive and File Staff Report. BACKGROUND: Staff received a copy of the Coastal Commission Staff Report on the following matter regarding the "Educational Facility at Gum Grove Park on Friday afternoon: 17.5 CONDITION COMPLIANCE on Permit No. 5 -97 -367, as amended (Hellman, Seal Beach). Public hearing and action on cultural resources mitigation plan submitted by Hellman Properties LLC & John Laing Homes, pursuant to condition of permit (that authorized subdivision including 70 residential lots, implementation of archeological investigation, 420,000 cu.yds. of grading, dedication of Gum Grove Park, reservation of 157 acres for habitat restoration, and construction of water quality bio -swale & basin), at northeast of Pacific Coast Highway (State Route 1), southeast of San Gabriel River, south of Adolfo Lopez Drive, west of Seal Beach Boulevard, and North of Marina Hill, Seal Beach, County of Orange. (KFS -LB) This matter is an item on their Agenda for August 7, 2003, and appears as the last item for consideration on that day. The Coastal Commission Meeting will be held at: Hyatt Regency Huntington Beach Agenda Item 0 Z:\My DocumentsUohn Laing Eiomes\Mittgation Plan.Coasta! Commission Consideration.Supp CC SR.doc \LW\07 -28 -03 T. Copstal,Cornritission Consideration of Mitigarion Plan ' 'For-Cultural Resources = Hellman Ranch Supplemental City Council Staff Report July 28, 2003 21500 Pacific Coast Hwy Huntington Beach, CA 92648 Overview of Coastal Commission Recommendation: It is the recommendation of Coastal Commission Staff ".. that the Commission concur with the Executive Director's determination that the amended cultural resources mitigation plan complies as of this time with the requirements of Special Condition 19 of Coastal Development Permit 5 -97 -367, as amended, as to the site conditions specifically addressed in the Cease and Desist Order (CCC- 02- CD -05) issued by the Commission on December 10, 2002." This determination is based on the "Mitigation Plan" being prepared in such a manner as to comply with the following objectives established by the Executive Director: • ❑ "Identify the most culturally sensitive areas on the Project Site, based on the information available; o Minimize, and where feasible, avoid impacts to the most sensitive cultural areas; o Mitigate impacts to significant cultural features /cultural resources that have occurred; o Identify procedures to avoid adverse impacts to anticipated "additional" significant archaeological features /cultural resources that are "expected" to be found, and where adverse impacts are unavoidable, to provide mitigation for those impacts; • ❑ Ensure that the procedures outlined in Special Condition 19 with respect to the discovery of "additional" or "unexpected" finds are implemented; and obtain consensus regarding the mitigation plan with Native Americans having cultural ties to the project area, the Permittees, and the City." Outstanding City of Seal Beach Issue regarding "Mitigation Plan" — Educational Facility: - The only outstanding issue to the City at this time as part of the subject "Mitigation Plan" ( "Plan ") is the approval by the City of an approved location for the proposed "Educational Facility", currently proposed within the Plan to be located at one of two locations within Gum Grove Park, as it is to be expanded as part of the project implementation. The Coastal Commission Staff Report addresses this issue and recognizes that the City has not made a determination as to an acceptable location. The Coastal Commission Staff Report states: - "The Executive Director found that the creation of the education center in one of the two identified locations would not require an amendment to the I '`Staff Report: Condition Compliance — Permit Number 5 -97 -367, as amended ", California Coastal Commission Staff Report, dated July 24, 2003, p.l. 2 Op. Cit., p. 4. 1 Mitigation Plan.Coastal Commission Consideration.Supp CC SR Coastal Commission Consideration of Mitigation Plan _ For Cultural Resources — Hellman Ranch Supplemental City Council Staff Report July 28, 2003 Permit or a new permit. However, there may be issues related to public access, land use and biological resource protection, with other locations. Furthermore, other locations may not be as suitable as those identified in the Mitigation plan from a cultural standpoint. Thus, locations other than those identified in the Mitigation plan may necessitate a permit amendment. Staff believes that it remains a strong possibility that once alternative locations are reviewed the City Council will select one of the two locations that are presently identified in the Mitigation plan. Since this is a • possibility and there is strong interest by both the Permittees and the affected Native Americans to re - start aspects of the project and to implement aspects of the Mitigation plan that are unrelated to the education center, the Executive Director has chosen to present the Mitigation plan to the Commission in it's present form. . .• If the City Council were to choose a location different from the two locations presently identified in the Mitigation plan, the Executive Director will need to review this new location and make a determination as to whether the location is consistent with the Permit and whether or not the location necessitates a permit amendment. If the Executive Director determines that a Commission action is necessary to implement an alternative location, the matter would be returned to the Commission for action. Furthermore, even if the Executive Director determined that a permit amendment was not necessary to implement a location different from the two presently identified in the Mitigation Plan, the Executive Director would return the revised Mitigation Plan to the Commission for their concurrence with the alternative location. " • - The position of the Commission is to approve the Mitigation Plan and allow work to proceed on the project site in compliance with the terms of the Mitigation Plan, as presently prepared. This will require the City, and ultimately the Commission, to re -visit the issue of a final approved location for the education facility. The recommended action of the Coastal Commission does not preclude the City Council from a thorough and complete alternatives analysis regarding other potential locations for the educational facility. Based on the position of the Coastal Commission stated above, any future location other than either of the two alternative locations presently contained within the "Mitigation Plan" will require further evaluation and may require amendments to the existing Permit or approval of an additional permit. Staff has included within the comment letter a request that the Coastal Commission Executive Director be given the authority to approve an alternate location without requiring a permit amendment. ] Op. Cit. p. 5. 3 Mitigation Plan.Coastat Comaussion Considernuoa.Supp CC SR Coastal Commission Consideration of Mitigation Plan For Cultural Resources - Hellman Ranch Supplemental City Council Staff Report July 28, 2003 Consideration of Citv Council Comment Letter: City Staff has prepared a comment letter for the Mayor to sign upon approval by the City Council. The comment letter supports the determination of the Executive Director to allow work to be initiated on the property in accordance with the programs set forth in the "Mitigation Plan". The letter also indicates that the City Council will consider alternative site locations for the "educational facility" in the future and will incorporate the concerns and comments of the Commission into its final site location deliberations. FISCAL IMPACT: None. Allocation of staff resources are reimbursable expenses in accordance with existing agreements between the City and Hellman Properties LLC and John Laing Homes LLC. RECOMMENDATION: Authorize Mayor to sign comment letter with any revisions determined appropriate. Authorize Director of Development Services to attend Coastal Commission Meeting and respond to issues and concerns on behalf of the City. Receive and File Staff Report. NOTED •11 AP' • 0% D: • vi /e Whitt - , nberg John B " B •1 orski Director of Development Service City ■/. ager Attachments: (2) Attachment 1: City of Seal Beach Comment Letter re: California Coastal Commission Staff Report: Condition Compliance — Permit Number 5 -97 -367, as amended" Attachment 2: "Staff Report: Condition Compliance — Permit Number 5- 97-367, as amended ", California Coastal Commission Staff Report, dated July 24, without attachments 4 Mitigation PLanCoastal Comaussion Consideration.Supp CC SR Coastal Commission Consideration of Mitigation Plan For Cultural Resources — Hellman Ranch Supplemental City Council Staff Report • July 28, 2003 • ATTACHMENT 1 CITY OF SEAL BEACH COMMENT LETTER RE: CALIFORNIA COASTAL COMMISSION STAFF REPORT: CONDITION COMPLIANCE - PERMIT NUMBER 5 -97 -367, AS AMENDED" • 5 Mitigation Plan.Coastal Commission Consideration.Supp CC SR Coastal Commission Consideration of Mitigation Plan For Cultural Resources — Hellman Ranch Supplemental City Council Staff Report July 28, 2003 BY FACSIMLE AND FIRST CLASS MAIL July 29, 2003 Mr. Mike Reilly, Chair California Coastal Commission 45 Fremont Street Suite 2000 San Francisco, CA 94105 -2219 Dear Chairman Reilly: SUBJECT: CONDITION COMPLIANCE - PERMIT NUMBER 5 -97- 367, AS AMENDED The City Council of the City of Seal Beach reviewed the above referenced Coastal Commission Staff Report at the July 28 City Council Meeting and authorized the Mayor of the City to execute this letter. Support for the Determination of the Executive Director regarding the "Mitigation Plan ": The City Council of the City of Seal Beach supports the proposed determination of the Executive Director and requests the Commission to concur with that determination regarding the "Mitigation Plan". However, the City would request that should another location be selected within the Grading Permit limits established for Tract No. 15402, that the Executive Director be empowered to approve such alternate location without requiring a permit amendment. The City believes that other suitable locations may exist within the area encompassed within the Grading Permit limit area and outside of the residential and private park areas established by Tract No. 15402. Summary of City Position of Support: 6 Mitigation Plan Coastal Commission Consideaation.Supp CC SR Coastal Commission Consideration of Mitigation Plan For Cultural Resources — Hellman Ranch Supplemental City Council Staff Report July 28, 2003 This Mitigation Plan has been developed through the hard work and determination of many disparate interests in achieving a plan for the protection, preservation, and interpretation of Native American cultural resources. It is a well - thought out and balanced plan, and one that all of the parties involved in preparing can and should be proud to have been involved with. It is the opinion of the City Council and the Archaeological Advisory Committee that the proposed "Mitigation Plan" provides appropriate discovery and evaluation methodologies for the probable discovery of additional cultural resources and ancestral Native American burials that still may be encountered as part of the construction activities associated with the proposed project, and also provides sufficient safeguards to ensure compliance with appropriate regulatory requirements if an additional discoveries are encountered. The City Council and the Committee believe this Mitigation Plan addresses all issues that can reasonably be anticipated to -occur once the necessary construction activities are allowed to be re- instituted on the property. The comprehensive program prepared by EDAW and agreed to by the MLD and JLH outlines a program that, in the opinion of the City Council and the Archaeological Advisory Committee, the Native American community, the City of Seal Beach, John Laing Homes, the Coastal Commission and Native American Heritage -Commission can be proud to have participated in and implemented. The Mitigation Plan presents a reasoned and balanced plan to mitigate impacts to significant cultural resources of the Hellman Ranch property that have been discovered during project grading. The Mitigation Plan accomplishes the following actions and activities that are seen by the City Council and the Archaeological Advisory Committee as beneficial actions and supportable by both the City Council and the Archaeological Advisory Committee: ❑ The setting aside of a "Preservation Area" of approximately 1.28 acres as an open space area, with this area to be utilized as a reinterment area for all of the Native American remains discovered during the site grading activities on the subject property. Existing human remains currently located within this area will not be removed. (Mitigation Measure 2 and 3) ❑ JLH will assist the MLD in the reinterment of burials within this area and will provide funding for appropriate Native American ceremonies to accompany the reinterment ceremony. (Mitigation Measure 16) ❑ Reconfiguration of oil access roads and utility services to eliminate impacts to remaining undisturbed midden area. (Mitigation Measure 4) ❑ Potential development of a cultural - educational facility within Gum Grove Nature Park. Future designs of this facility to be approved by the City and Coastal Commission. (Mitigation Measure 6) o Establishes an agreed upon methodology for the continued monitoring of grading activities and evaluation processes to be utilized during the remainder of the site grading activities on the property. (Mitigation Measures 5 and 8 through 14) o Establishes additional evaluation analysis that is acceptable to the MLD (Mitigation • Measures 15 and 17) o Preparation of required technical reports in compliance with guidelines of the California Office of Historic Preservation (Mitigation Measure 19) and 7 Mitigation Ptan.Coastal Commission Considesation.Supp CC SR Coastal Commission Consideration of Mitigation Plan For Cultural Resources — Hellman Ranch - Supplemental City Council Staff Report July 28, 2003 o Establishes a curation program with options for the Gabrielino/Tongva people to consider (Mitigation measure 18). . Location of Educational Center: The Commission Staff Report correctly presents the current position of the City Council relative to the "Educational Facility". The City has received public input regarding public safety and other concerns relating to the proposed locations set forth within the Plan, such as proximity to existing homes and the ability to secure the facility from potential vandalism, and has requested a thorough and complete alternatives analysis regarding other potential locations for the educational facility. The City Council understands, based on the position of the Coastal Commission stated in the Commission Staff Report, that any future location other than either of the two alternative locations presently contained within the "Mitigation Plan" will require further evaluation and may require amendments to the existing Permit or approval of an additional permit. However, the City would request that should another location be selected within the Grading Permit limits established for Tract No. 15402, that the Executive Director be empowered to approve such alternate location without requiring a permit amendment. The City believes that other suitable locations may exist within the area encompassed within the Grading Permit limit area and outside of the residential and private park areas established by Tract No. 15402. The City Council will consider alternative site locations for the "educational facility" in the future and will incorporate the concerns and comments of the Commission into its final site location deliberations. The Director of Development Services, Mr. Lee Whittenberg, will be present at the August 7 Coastal Commission Meeting to respond to questions or concerns that Commissioners may have regarding this matter. Please contact Mr. Whittenberg at your earliest convenience if you require additional information or have questions regarding this matter. He can be reached at (562) 431 -2527, extension 313, or by e -mail at lwhittenberg @ci.seal- beach.ca.us. Sincerely, - r Patricia E. Campbell . Mayor, City of Seal Beach Distribution: California Coastal Commissioners Peter Douglas, Executive Director, California Coastal Commission Karl Schwing, Coastal Analyst, California Coastal Commission 8 Mitigation Plan.Coastal Commission Consideratioa.Supp CC SR Coastal Commission Consideration of Mitigation Plan For Cultural Resources — Hellman Ranch Supplemental Cry Council Staff Report July 28, 2003 City Council _ City, Attorney • • Archaeological Advisory Committee Director of Development Services Anthony Morales, Most Likely Descendent, Gabrielino/Tongva Tribe Pat Larkin, John Laing Homes • 9 Mitigation P1an.Coastal Cotnmission Consideration.Supp CC SR Coastal Commission Consideration of Mitigation Plan For Cultural Resources — Hellman Ranch Supplemental City Council Staff Report July 28, 2003 • ATTACHMENT 2 "STAFF REPORT: CONDITION COMPLIANCE - PERMIT NUMBER 5 -97- 367, AS AMENDED ", CALIFORNIA COASTAL COMMISSION STAFF REPORT, DATED JULY 24, WITHOUT ATTACHMENTS 10 Mitigation Plan.Coastal Commission Consideration.Supp CC SR Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 ATTACHMENT F CITY COUNCIL MINUTE EXCERPT RE: "HELLMAN RANCH - MITIGATION PLAN FOR CULTURAL RESOURCES - COASTAL CONIlVIISSION ", JULY 28, 2003 Education Facility.P &R Staff Report 2 21 • Page Six - City Council Minutes - July 28, 2003 FILE COPY URGENCY THEREOF." By unanimous consent, full reading of Resolution Number 5145 and Ordinance Number 1503 was waived. J. Approved the acquisition of a previously owned . beach tractor through a thirty -six month agreement with Municipal Finance Corporation through the adoption of Resolution Number 5146 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH" and adoption of Resolution Number 5147 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 04 -06, FOR THE PURCHASE OF USED JOHN DEERE BEACH TRACTOR THROUGH A LEASE PURCHASE AGREEMENT." By unanimous consent, full reading of Resolution Number 5146 and Resolution Number 5147 was waived. K. (Removed from agenda). L. Approved the 2003/2004 fiscal year budget of the West Orange County Water Board and the City of Seal Beach share in the amount of funding of $37,112. M. Adopted Resolution Number 5148 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING GRANT OF PUBLIC ACCESS AND SIDEWALK EASEMENT ON THE SOUTH SIDE OF WESTMINSTER AVENUE WEST OF SEAL BEACH BOULEVARD." By unanimous consent, full reading of Resolution Number 5148 was waived. N. Concurred with the direction of the claims management adjuster, Carl Warren & Associates, ' to deny the claims for damages of Daniel Aguilar, Marlene Boehm, Karina Dahmen, Shelly A. Mask, and Bill Rieman. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried HELLMAN RANCH - MITIGATION PLAN FOR CULTURAL RESOURCES - COASTAL COMMMISSION The Director of Development Services directed attention to the supplemental staff report which provides a brief overview of where the Hellman project is currently. The Director said as part of the ongoing cultural resources mitigation measures on the Hellman project, the Coastal Commission has required that a mitigation plan be approved by the Commission prior to allowing John Laing Homes to go forward with the grading and cultural protection measures _ that are necessary in conjunction with the continuation of work on the project, the mitigation plan has been prepared by the City authorized archaeologist, Edaw, and that has Page Seven - City Council Minutes _ July 28, 2003 been submitted to the Commission. The Director recalled that when the issue of the education center was brought to Council at the last meeting the Council was advised that the position of the Commission at that time was that they would not consider the mitigation plan until the City approved a final location for the education facility, at some point then the Commission changed its mind and decided to bring the plan to the Commission for approval with a condition that the builder can not obtain a permit to pour foundations for the homes until the final location for the education facility is approved both by the City and the Coastal Commission. Be mentioned that the Commission staff report has been reviewed and a comment letter has been prepared for consideration of the Council that recognizes that change of position by the Coastal Commission, also suggests that the Commission grant to the Executive Director the authority to also be able to consider alternate locations within the area that are to be encompassed within the approved grading plan for the residential home project which includes slope areas and a water retention /water quality basin westerly of the homes. The Director offered that staff has no idea as to how the Commission may respond therefore if the letter is approved requested that the Council also authorize his attendance at the August 7th Commission meeting in Huntington Beach to respond to any questions that may be forthcoming. Councilman Yost noted that he has spoken before the Commission several times, he will not be available to attend, therefore he would authorize the Development Services Dir -ector to attend, possibly the Mayor and another member of the Council as well, suggesting Councilman Antos, to speak to this issue, this is a mitigation plan and to him the center should be placed in a mitigation area, which is where the homes are to be located and not in the backyard of someone else for the sake of proving the bottom line for the builder /developer. In response to a question of Council this is a three day meeting of the Commission, this is the last item on their second day agenda for August 7th, the Long Beach desalination project is also believed to be scheduled for that date. Mayor Campbell expressed a desire to visit the proposed location sites -for the - ' education center. Councilman Yost responded that he has visited the sites. Antos moved, second by Yost, to authorize the Mayor to sign the comment letter to the California Coastal Commission, authorize the Director of Development Services to attend the Coastal Commission meeting and respond to issues and concerns on behalf of the City, and receive and file the staff report. Councilman Larson stated he would vote a reluctant yes as it is never known what the Coastal Commission will do, nothing has been done to resolve the issues he mentioned at the last meeting, about the gate, etc. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried The City Manager advised that he and the Director of Public works would be stepping down and disqualifying themselves Page Eight - City Council Minutes - July 28, 2003 from the following items as the roadway in the area in which they live is within five hundred feet of these considerations. Councilman Larson stated that he and Councilman Doane were both cleared to vote on the Boeing project by the Fair Political Practices Commission as a less than significant affected segment of the public, the following project is as close as the Boeing project therefore the assumption is that the same reasoning applies therefor they are eligible to vote. DESALINATION TEST FACILITY PROJECT - CITY OF LONG BEACH - COASTAL COMMISSION CONSIDERATION The Director of Development Services explained that this item is before the Council as a result of a concern expressed at a prior meeting to what has been characterized by the City of Long Beach as an interim test desalination project that is to be located within the confines of the Haynes Generating Plant on Westminster Avenue- He stated that upon reviewing the Coastal Commission decision to appeal the local jurisdiction approval by the City of Long Beach, staff then requested a copy of the Commission staff report, a copy of which has been provided the Council, also • requested approval of a comment letter to be sent to the Coastal Commission. The Director offered that after reviewing the material provided by the Commission it is felt that the major concern of staff with water quality and impacts to water quality and marine biological resources in the River as a result of this project, and upon reviewing the conditions that the project must comply with, the existing pollution discharge permit requirements from the Regional Water Quality Control Board, no increases will be allowed under any of the discharge requirements, that permit condition is in effect from now until year 2005. He said if the project, as it proceeds, is found to need to modify those permit conditions they would have to go back to the Water Quality Control Board for an amendment of the conditions as well as approval by the Coastal Commission. The Director explained that the comment letter basically states that Seal Beach is aware of the project, that the City supports the position of the Coastal Commission that the project must comply with the NPDES discharge standards, and if any changes are found to be necessary they would have to go through the Water Quality Control Board as well as the Coastal Commission. He noted that this item is before the Commission on August 7th as well. Councilman Yost said 'just say no', anything that increases the amount of salinity, anything that increases the discharge of a worse quality water into the River, which a desalination facility must do, he can not support and his feeling is that the City should not come close to supporting that kind of verbiage. Councilman Doane stated that as a member of the West Orange County Water Board desalination has come up many times, the reason for that is that Arizona and Southern California are increasing in population; both are fighting for Colorado River water, by the time it hits the sea it is no more than a trickle, another source of water is needed, the San Joaquin Valley farmers are demanding more and more of the water supply, Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 ATTACHMENT G CITY OF SEAL BEACH COMMENT LETTER TO CALIFORNIA COASTAL COMMISSION RE: "CONDITION COMPLIANCE - PERMIT NO. 5 -97 -367, AS AMENDED ", DATED JULY 29, 2003 Education Facility.P &R Staff Report 2 22 SE4L' * \ \ �ORPOA 4 TFFq� , *i 0 Q / - h 1fiVl' - r - CITY HAIL 2ll EIGHIHSTREET SEAL BEACH 'CALff ORN1A 90740': (5G2) 4312527» tvivwci:seal- beacicaus July 29, 2003 FILE COPY Mr. Mike Reilly, Chair California Coastal Commission 45 Fremont Street Suite 2000 San Francisco, CA 94105 -2219 Dear Chairman Reilly: SUBJECT: CONDITION COMPLIANCE - PERMIT NUMBER 5 -97- 367, AS AMENDED The City Council of the City of Seal Beach reviewed the above referenced Coastal Commission Staff Report at the July 28 City Council Meeting and authorized the Mayor of the City to execute this letter. Support for the Determination of the Executive Director regarding the "Mitigation Plan ": The City Council of the City of Seal Beach supports the proposed determination of the Executive Director and requests the Commission to concur with that determination regarding the "Mitigation Plan ". However, the City would request that should another location be selected within the Grading Permit limits established for Tract No. 15402, that the Executive Director be empowered to approve such alternate location without requiring a permit amendment. The City believes that other suitable locations may, exist within the area encompassed within the Grading Permit limit area and outside of the residential and private park areas established by Tract No. 15402. Summary of Citv Position of Support: This Mitigation Plan has been developed through the hard work and determination of many disparate interests in achieving a plan for the protection, preservation, and interpretation of Native American cultural resources. It is a well - thought out and Z.\My DocumenteJohn Laing Homes \Coastal Commission Mitigation Plan.CC Comment Letter.doclLW\07 -29 -03 City of Seal Beach Comment Letter re: Condition Compliance — Permit No. 5 -97 -367, as amended . Hellman Ranch Cultural Resources Mitigation Plan July 29, 2003 balanced plan, and one that all of the parties involved in preparing can and should be proud to have been involved with. . It is the opinion of the City Council and the Archaeological Advisory Committee that the proposed "Mitigation Plan" provides appropriate discovery and evaluation methodologies for the probable discovery of additional cultural resources and ancestral Native American bunals that still may be encountered as part.of the construction activities associated with the proposed project, and also provides sufficient safeguards to ensure compliance with appropriate regulatory requirements if an additional discoveries are encountered. The City Council and the Committee believe this Mitigation Plan addresses all issues that can reasonably be anticipated to occur once the necessary construction activities are allowed to be re- instituted on the property. The comprehensive program prepared by EDAW and agreed to by the MLD and JLH outlines a program that, in the opinion of the City Council and the Archaeological Advisory Committee, the Native American community, the City of • Seal Beach, John Laing Homes, the Coastal Commission and Native American Heritage Commission can be proud to have participated in and implemented. The Mitigation Plan presents a reasoned and balanced plan to mitigate impacts to significant cultural resources of the Hellman Ranch property that have been discovered during project grading. The Mitigation Plan accomplishes the following actions and activities that are seen by the City Council and the Archaeological Advisory Committee as beneficial actions and supportable by both the City Council and the Archaeological Advisory Committee: ❑ The setting aside of a "Preservation Area" of approximately 1.28 acres as an open space area, with this area to be utilized as a reinterment area for all of the Native American remains discovered during the site grading activities on the subject property. Existing human remains currently located within this area will not be removed. (Mitigation Measure 2 and 3) _ ❑ JLH will assist the MLD in the reintennent of burials within this area and will provide funding for appropriate Native American ceremonies to accompany the reintennent ceremony. (Mitigation Measure 16) ❑ Reconfiguration of oil access roads and utility services to eliminate impacts to remaining undisturbed midden area. (Mitigation Measure 4) ❑ Potential development of a cultural - educational facility within Gum Grove Nature Park. Future designs of this facility to be approved by the City and Coastal Commission. (Mitigation Measure 6) ❑ Establishes an agreed upon methodology for the continued monitoring of grading activities and evaluation processes to be utilized during the remainder of the site grading activities on the property. (Mitigation Measures 5 and 8 through 14) ❑ Establishes additional evaluation analysis that is acceptable to the MLD (Mitigation Measures 15 and 17) ❑ Preparation of required technical reports in compliance with guidelines of the California Office of Historic Preservation (Mitigation Measure 19) and ❑ Establishes a curation program with options for the Gabrielinorlongva people to consider (Mitigation measure 18). Coastal Commission Mitigation Ptan.CC Comment Letter 2 City of Seal Beach Comment Letter re: Condition Compliance — Permit No. 5 -97 -367, as amended - - Hellman Ranch Cultural Resources Mitigation Plan July 29, 2003 Location of Educational Center: The Commission Staff Report correctly presents the current position of the City Council relative to the "Educational Facility". The City has received public input regarding public safety and other concerns relating to the proposed locations set forth within the Plan, such as proximity to existing homes and the ability to secure the facility from potential vandalism, and has requested a thorough and complete alternatives analysis regarding other potential locations for the educational facility. The City Council understands, based on the position of the Coastal Commission stated in the Commission Staff Report, that any future location other than either of the two alternative locations presently contained within the "Mitigation Plan" will require further evaluation and may require amendments to the existing Permit or approval of an additional permit. However, the City would request that should another location be selected within the Grading Permit limits established for Tract No. 15402, that the Executive Director 'be empowered to approve such alternate location without requiring a permit amendment. The City believes that other suitable locations may exist within the area encompassed within the Grading Permit limit area and outside of the residential and private park areas established by Tract No. 15402. The City Council will consider alternative site locations for the "educational facility" in the future and will incorporate the concerns and comments of the Commission into its final site location deliberations. The Director of Development Services, Mr. Lee Whittenberg, will be present at the August 7 Coastal Commission Meeting to respond to questions or concerns that Commissioners may have regarding this matter. Please contact Mr. Whittenberg at your earliest convenience if you require additional information or have questions regarding this matter. He can be reached at (562) 431 -2527, extension 313, or by e-mail at lwhittenberg ©ci.seal- beach. ca.us. S incerely, Y,, Patricia E. Campbell Mayor, City of Seal Beach Distribution: California Coastal Commissioners Peter Douglas, Executive Director, California Coastal Commission Karl Schwing, Coastal Analyst, California Coastal Commission City Council City Attorney Coastal Comnitssion Mitigation P1an.CC Comment Letter 3 w City of Seal Beach Comment Letter re: Condition Compliance — Permit No. 5 -97 -367, as amended Hellman Ranch Cultural Resources Mitigation Plan July 29, 2003 Archaeological Advisory Committee Parks and Recreation Conunission Director of Development Services Anthony Morales, Most Likely Descendent, Gabrielino/Tongva Tribe Pat Larkin, John Laing Homes , Coastal Commission Mitigation PIan.CC Comment Letter 4 Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 ATTACHMENT H CITY COUNCIL MINUTE EXCERPT RE: "PROPOSED EDUCATION CENTER - GUM GROVE NATURE PARK - HERON POINTE " ", JULY 14, 2003 Education Facility.P&R Staff Report 2 23 Page Fourteen - City Council Minutes - July 14, 2003 FILE COPY Conditional Use Permit process, the individual could still make application to the Planning Commission through as Variance or other process and consider same under public hearing and with findings that it was not a grant of special privilege. The Director responded that he did not 'believe that the Variance process could be used to circumvent the provisions of the ordinance that is in place, at present the Code states that for additions and expansions for nonconforming uses it must go through either a Conditional Use Permit or Minor Plan Review process and that has been placed on hold, his belief would be that the Variance process could not be utilized to get around the interim ordinance. Councilman Antos inquired how long it will be before staff develops a final set of recommendations to be considered by the Planning Commission as to how to handle the nonconforming uses. The Director responded that it is anticipated that this issue with several options will be before the Commission by late August and to Council possibly by late September, a time frame of two to three months. Councilman Doane moved to deem that it is not appropriate to provide for such an exception and to receive and file the staff report. Councilman Larson seconded the motion. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:14 p.m. The Council reconvened at 8:26 p.m. with Mayor Campbell calling the meeting to order. PROPOSED EDUCATION CENTER - GUM GROVE NATURE PARK - HERON POINTE The Director of Development Services presented the staff report, explained that the request is that the City Council determine the appropriate location for what is being called an Educational Center at Gum Grove Park. He noted that genesis for this item coming before the Council is the Coastal Commission issuance of a cease and desist order of the grading activities on the John Laing Homes project on the Hellman property. As a result of that order was the preparation of a mitigation plan to deal with the large number of Native American remains that were discovered on the property during the grading activities and how to treat those remains in a respectful manner, reinterment on the property, and to develop an Educational Center to provide an interpretative area for the history of the property, the importance of the area to the Native American community, and what has occurred on the property over the last three to five thousand years when it was inhabited by Native American tribal groups. He mentioned again that as part of the cease and desist order was the requirement to prepare a new mitigation plan to deal with the treatment of the remains and the Education Center was an outgrowth of that, the Coastal Commission in looking at the mitigation plan has indicated that they will not consider the mitigation plan in its final form until such time as the Council has authorized a location for the interpretative Center somewnere in the Gum Grove Park area or another location in the project area if that is the determination of the Council, once that position of the Commission became clear Page Fifteen - City Council Minutes - July 14, 2003 to John Laing Homes and representatives of the Native American community there were a number of field meetings between those parties to survey the property and try to get a feel for what would be the most appropriate location based on the desires of the Native American community to have a facility that would be the most respectful of their ancestors. The Director reported that the location that was proposed and considered at the Parks and Recreation Commission was the preferred original location near Gum Grove Park, at that time there were two Crestview residents who expressed concerns with regard to safety issues related to this facility, particularly in the evening hours when it is dark and there is not much visibility in that area. The Commission in their recommendation to the Council felt that the facility itself was acceptable, also that the facility should be closer to Seal Beach Boulevard, and that it be located to where the centerpoint of the circle that is part of the interpretative facility be at least one hundred sixty -five feet away from the rear property of the homes along Crestview, based on that recommendation the Native American representatives and John Laing Homes went back onto the property and looked at the Commission suggested recommendations, therefore there are now suggested A and B locations, also, the one hundred sixty - five foot Commission buffer zone recommendation from the rear Crestview property lines to the inner circle of the interpretative facility basically precludes a large majority of the property in the area, the plans for options A and B clearly show that the majority of areas between the John Laing Homes and Crestview homes would not meet the criteria, option A and B and the original location does, • yet anything in between those locations would not meet the one hundred sixty -five foot criteria suggested by the Parks and Recreation Commission. He explained that the facility itself is proposed to be fairly low intensity in nature, primarily decomposed granite pathways that would lead from the parking lot area, which is a Coastal Commission requirement, from Seal Beach Boulevard there will be a trail system that will go between the John Laing Homes and the Crestview homes and tie into the existing trail system at the east end of Gum Grove Park as it currently exists, there would be an offshoot path to get to the interpretative facility, the facility is proposed to be an approximate thirty foot diameter circle that would be depressed about eighteen inches from the surrounding walkways, the area could be used for seating for interpretative talks that would be given by Native American representatives to school groups and other interested parties and organizations, there would be a number of display panel boards around the circular' area similar to those seen in National or State parks that would speak to the history, flora and fauna of the area, then between the parking lot and wherever this facility is determined to be located there would be a number of boulders along the walkway with embedded plaques of'historical information and a time line from present day to the earliest habitation of the area by the Native Americans. The Council is being asked to determine what is felt to be the most appropriate . location for this facility, there is no night lighting, no restroom facilities, no drinking fountains, it is an area that would basically be used for congregating people to Page Sixteen - City Council Minutes - July 14, 2003 learn the history of the area, for the Native Americans to conduct interpretative presentations to interested groups, and for them to conduct ritual ceremonies that they do two to three times a year when they come to honor their ancestors. The Director explained that diagrams of the — facility site locations were included in the Council packets as well as displayed in the Chambers, the original location is about seven hundred seventy -five feet from Seal each Boulevard, almost directly behind 1717 Crestview Avenue, site B is an almost exact location however about twenty to thirty feet further from Crestview, the site A location is about one hundred fifty feet from Seal Beach Boulevard and an approximate one hundred sixty -five feet from the Crestview homes, pointed out that in conversations with John Laing Homes they have indicated that option B and the original proposed location are felt to be the most desirable from the Native American. standpoint to honor their ancestors in a way they feel is appropriate. As indicated previously, at the Recreation Commission hearing there were some concerns because of the distance of the location from the project, .how it could be policed and surveyed during the evening hours, and the Coastal Commission permit at this point in time does not allow for a gate to be provided on the Seal Beach Boulevard end of Gum Grove Park even though the Council and staff having previously fought hard against the parking lot and gate issues before the Commission, an option however, once a location is approved, is to go back to the Commission and ask that they reconsider and amend the permit if that 'is something that is appropriate and necessary. The Director noted that Mr. Morales, the Tribal Chief of the Gabrieleno /Tongva tribe was present, he is also the State appointed Most Likely Descendent to make determinations on how.to address the Native American remains that have been found on the site and the proper reinterment process for the remains, present also is Mr. Robert Dormae, the lead Native American monitor for the project, and suggested that the Council hear from both gentlemen, John Laing Homes, and then the general public. Councilman Yost asked if consideration was given to placing this Center inside the development. The response of the Director was that it had, the Native American representatives and John Laing Homes can best address that issue. Councilman Doane asked if the Council is limited to options A and B, the response of the Director was that there are options A, B, and the original location, and should the Council feel that none of those are appropriate the Council could determine an alternate location, or refer the matter back to staff for further consideration. Mr. Anthony Morales stated he is the Tribal Chair and Chief of the Gabrieleno /Tongva from San Gabriel. Mr. Morales noted that this coming August the San Gabriel Mission will be founded by his ancestors two hundred thirty -two years ago, Seal Beach too is full of their history, culture and tradition, and requested that the Council select option B _ for their cultural facility, it is a more natural location, there is natural habitat, it blends, in with their history in the area and the wetlands. He noted that children in the second and third grades study the missions and the tribes, the Gabrielle /Tongva is the local tribe in this Page Seventeen - City Council Minutes - July 14, 2003 area,` settled here thousands of years ago. Mr. Morales asked again that option B be considered which is more natural and has a sense of natural beauty and habitat over option A which is more urbanized, closer to Seal Beach Boulevard, the option A takes away the natural beauty and • setting, nature and mother earth, this is not only for the children but for the community, the residents. Mr. Morales thanked the Council for their consideration in memory of their ancestors. Mr. Robert Dormae thanked the Council for allowing him to address this issue, the concerns of this community and the Indian community as well, stated he is with the Gabrieleno /Tongva Indians of California, Tribal Chair, a consultant and monitor on the Hellman project. Mr. Dormae said he wished to address the usage of the facility as an educational, cultural, interpretative Center that will benefit children, adults, and Indian people in general, music, arts and crafts could the instituted in the _ - program, there is excitement about the cultural center. Mr. Dormae noted that location B has an archaeological number of ORA 261, if one follows the cultural deposit it actually goes into the existing homes therefore the residents will indulge in the satisfaction of being on and participating in the cultural area. He cautioned against making assumptions, explained that Indians are capable of buying property in this area, he has close friends in the area, it is important to diminish the fact that Indians are not a taboo word, they are the same as others, the same emotions and share the same interests, one of his friends in the community has taken into consideration to contribute a specialized collection which will be installed into the network of the design and landscape for the cultural center, there is appreciation of that effort, also any plaques that are necessary for those who have served the purpose of keeping this cultural area will be honored. Mr. Dornay expressed his understanding of the safety concerns, • there is a gate at the west end of Gum Grove Park that provides security, suggesting that an attempt be made to gate the east end if that is deemed necessary, the Park and the facility would be utilized mainly during the day with children, adults, and cultural activities. Mr. Dormae mentioned that he frequents this community, uses the theater, the pier, many other Indian friends visit and adore this City, they are part of the community, he mentioned too that John Laing Homes made a favorable sacrifice with Hellman in proper discussion, good ethics and consideration for the Native Americans to have this cultural Center, and hopefully, with the approval of location B as an appropriate site that overlooks the wetlands, this will be a soon coming Center for the Indians and the community. Councilman Yost noted that Mr. Dormae is the monitor on the Hellman site, agreed that a center is an appropriate use on that property, part of the City's ' heritage and should be celebrated, and asked if the preferred location is an area of cultural deposits now that has not been graded, undisturbed, in its natural state. Mr. Dormae responded that in its present condition it is regarded as ORA 261 and there is a cultural deposit within the area which would make it appropriate, in terms of mitigation John Laing Homes, Mr. Morales and he have talked about what could be done there without disturbing the area any more than it needs to be, as a consultant and monitor Page Eighteen - City Council Minutes - July 14, 2003 it is • a justified site. Councilman Yost asked if a nearby site would be considered that has already been graded and where existing cultural deposits would not be disturbed. Mr. Dormae stated he reviewed location A, it is very noisy, it is really not appropriate, members of the community should be able to visit the Center, sit, meditate and appreciate the location, it is felt it is non - invasive to the community and the ,homeowners, it is believed it will be a wonderful place. • Mr. Mario Voce, Seal Beach, co -chair of the Gum Grove Park Group, stated he had the opportunity to tour the site, which is understood to be the original location choice, about twenty feet from the B site. Mr. Voce said the location was lovely, he did not see why another location given all of the factors, and thanked the Tongva representatives for taking the time to attend this meeting and sharing their interest and input in this matter. He said his concern is with security over night not only with the existing Gum Grove but with the new addition of Gum Grove, his belief is that there is an interpretational difference in reading the Coastal Commission condition, his reading is that there can be a security fence along Seal Beach Boulevard and a gated entry to the Seal Beach Boulevard entry to Gum Grove which is closeable after the Park hours which is dusk, about 5:00 p.m. in the winter and 8:00 p.m. in the summer, that is the issue because at present there are archaeological sensitive sites in Gum Grove that are being torn up by local youth, and if the City can not take care of the existing site near the entry of Avalon how can the wonderful, new interpretative Center be cared for, he has disagreement with the Seal Beach Boulevard entry issue. Mr. Voce said one should keep in mind also that there will be new landscaping with vegetation that is native to the general region, when there . is a revegetation project it can not be left open to anyone at any hour of the day or night to be dug up, make Extreme - bike trails, running dogs, those are issues in the Park that have not as yet been fully addressed, there needs to be an enforcement plan, on paper, developed by the Police Department to protect all of the people that use Gum Grove, these are existing issues that can be seen to affect future - issues such as the cultural Center. Mr. Voce spoke in support of location B. Mr. Jay van De Velde, Seal Beach, said he did not believe that there. is a problem with the concept of an Educational Center located in Gum Grove Park, the issue is with the location next to the existing homes, there is basically a narrow corridor between the existing homes and the new development that will be built, approximately eight hundred feet from Seal Beach Boulevard. He noted that the original location that was considered by - the Recreation Commission was stated to be approximately ' one hundred thirty -five feet away from the existing homes, the location was taped off, he measured it and found it to be about seventy feet and he would challenge any surveyor . to tell him that is not true, it can not be said that it is one hundred sixty -five feet from the center of the circle, said it is a facility, yet it is an amphitheater, depressed, with seating around it. Mr. Van De Velde said it is not the daytime use that is objected to rather illicit nighttime activity is certain to occur there as it Page Nineteen - City Council Minutes - July 14, 2003 • is so far from Seal Beach Boulevard, there is no lighting, and as of this date is was confirmed with the Coastal Commission that it does not intend for a gate of any type to be placed at the Boulevard parking area or entrance, they specifically mandated that there will be no • restrictions whatsoever other than a sign posting the hours, to build a cultural Center and hope that at some • point down line there could be some type of physical barrier is wishful thinking at best. He noted that there are the three options under consideration, however another has not yet been addressed, on the website of a local resident about three weeks ago there was an open letter from the Native American community to John Laing Homes, before the development agreement was reached, which read 'what can still be, a good faith effort to retain the ancestors in place on ORA 264' which is the preservation area adjacent to the Police Station and where most of the remains were found, not only would opposition be defused but Heron Pointe would no longer be a housing tract on top of a cemetery, ORA 264 separated by a wall and native plants would have separate access to the public to allow appropriate ceremonies, prayer vigils, and dances.' Mr. Van De Velde said again that this is a site that is the current preservation area, the northern border of the Hellman property, adjacent to the Police Station, if the Education Center was within the preservation area that would eliminate a lot of security concerns given its proximity - to the Police Station and far enough away from Seal Beach Boulevard where the traffic noise would not be a conce 'rn. He mentioned that when he brought this up to the Recreation Commission a representative of John Laing Homes stated that the Native Americans would have objections because of desecration issues, non - Native persons walking upon the area would be felt to be desecration. He noted too that within the staff report it states that there is a seventeen foot oil access road to be built through the preservation area, there was concern too with grave and pot diggers, it is felt it is John Laing Homes that wants -no reference to their home buyers that there is a burial ground, they want to move all of the burden on the existing homeowners and place the Education Center at the end of a long corridor where problems will be realized and children may come upon situations left from illicit activities of a the previous night. Dr. George Juler, Crestview Avenue, resident since 1966, said the location B is directly north of their property, and they have witnessed some of the cultural activities that have gone on at the east end of Gum Grove Park, somewhat disturbing, activities such as chanting, dancing, drum beating, and if that is part of the cultural Center then he would think that the impact of that should not be on the residents of Crestview, there is • adequate room on the north end of the property to construct a cultural Center that would not affect Crestview homeowners. Dr. Juler said that security is a problem at night, the police can not monitor all of the activity, there has been graffiti placed by vandals, and in his opinion the Crestview residents should have the least impact from the government mandated cultural activities in that area. • Page Twenty-- City Council Minutes - July 14, 2003 Mr. Matt Murphe, soon to be Crestview homeowner, said since learning of this proposal his concerns are foremost with security, and if the Council is going to choose one of these locations then a security measure needs to be put in place, he agrees that there is some confusion among the ' • ' ' - Crestview homeowners as to where this cultural center is going to be, possibly there needs to be more detail as to what is going to go on and how this is going to affect Crestview homes. Mr. Doug Korthof, Hill resident, clarified that the website letter referenced by a prior speaker was not issued by Native Americans it was a combination from various sources that he put together, they were his ideas. Mr. Korthof said security is important to all persons, everyone has concern with Gum Grove being open day and night, it can not be open at night, it is only open as a passive recreation nature park according to the Coastal Commission, open from dawn to dusk then closed, the gate on the western side is not required to be taken down, it is necessary to keep people out, and since the police have been locking the gate at night there has been no vandalism or problems, his belief is that the Coastal Commission will adapt to whatever the City decides, the Council carries the weight of decision in this matter, Coastal condition 17 states that no security gate will be placed on Seal Beach Boulevard, it says nothing about a gate on the Park itself, there is a similarity here to Bolsa Chica which closes at 8:00 p.m., it is patrolled by the police and if a car is parked those persons in trouble, again, his belief is that the Coastal Commission will change its position, possibly even put a gate on Seal Beach Boulevard, or a gate on the Park itself, since the development was allowed now the security issue with the Park will need to be dealt with. The problems in the Park - need to be dealt with, dogs, what is passive recreation, the Coastal Commission said that can be established in the Local Coastal Plan. He claimed that the amphitheater that was designed by John Laing Homes is a gift to the people, it is not an amphitheater in the sense that there will be no concerts there, there is no electricity, there will be no drums, this tribe does not use drums only clacker . sticks, their chants are low key, as to the oil road it will only be there until the oil operation is ended, the ceremonial area on the other side is there for significant ceremonies to ancestors, that is not an Educational Center, it is a cemetery, ceremonies in the amphitheater are educational in nature. Mr. Pat Larkin, representative of John Laing Homes, said he would like to address how the options were developed, stated that when they first encountered the idea of an interpretative Center the entire site was looked over, the reinterment or preservation area which is near the Police ' Station, they looked closer to the Boulevard, near the oil production areas, and some of the pocket parks which are inside the subdivision, those were walked with the Native American representatives, the pocket parks were very urbanized, as an example a thirty foot ring interpretative ' Center with two story houses on either side, that was not keeping with the feel of what was desired, the oil access road runs from the Hellman production area near the wetlands towards the main entrance to the project on Seal Page Twenty -one - City Council Minutes - July 14, 2003 Beach,Boulevard, to that the Hellman organization and John Laing Homes was concerned with safety issues, crossing the roads where there are large pieces of equipment at indiscriminate times. With regard to the security issues as seen by John Laing Homes, it sounds as if there have • been some security issues in Gum Grove Park for a number of years, with the extension his belief is that there will be more use which could likely help security, nonetheless the Park is going to be built whether there is an interpretative Center or not, and if there are problems in the Park now there could also be problems in the extension, those may be issues that need to be addressed but not necessarily as a result of the Education Center and its placement. He pointed out that the location B would be about thirty -five to forty feet from the new John Laing homes, further from the existing residences on Crestview, and lastly, their interpretation of the Coastal Commission is that a gate would be allowed on the parking lot, thus discourage people from parking even though a fence on Seal Beach Boulevard may be precluded. Mr. Larkin mentioned that after hearing concerns at the Recreation Commission meeting they redesigned taking those concerns into account and that is what has been presented to Council for consideration. Ms. Lisa Rosen, twenty -six year Hill resident, expressed her confidence that a decision will be made that will benefit all and her delight that this is taking place, said she has followed this issue intensely since the beginning, each time she has listened to the Coastal Commission her belief is that their concern is with public access in exchange for some of the wetland and coastal areas that they have given over to development and that the Park be available to everyone and not just a private park for Seal Beach, yet if the access were closed at both ends and access was uniformly available to the public and this community during certain hours she does not believe that would be a problem and would be addressed that way by the Coastal Commission, possibly clarification could be sought on that. Ms. Rosen said she has also had the privilege, given her deep concern, to share time with some of the tribal members who have taken an interest in this matter, she has been present at several ceremonies and celebrations throughout the State where members of this community come and participate, their people work hard to make a living, and it has always been astonishing to see how willing they are to share their rich culture with other people in a variety of situations, how generous they are with their time, and how inspiring it is for their efforts to keep a culture alive, a beautiful and respectful culture, she has confidence that any time they come to this City and share the richness of their heritage this community will be blessed by that, she has a sense that many in the audience have not had the good fortune to have those experiences and she would look forward to them sharing with some members of this tribe. Mr. Lucius Martin, Crestview Avenue, expressed the privilege of being a resident of Seal Beach and of American Indian heritage, he is a board member of the American Ind =an Student Association at UCLA, of concern is the bad publicity that - Seal Beach has had during recent years which could likely be the fault of the geographic location with the ancestors of the Native American representatives and the hundreds of Page Twenty -two - City Council Minutes - July 14, 2003 Tongva people that live in Southern California. Mr. Martin said this is an opportunity to go along with the selection by the Tongva Nation and people of option B as the preferred location of the Educational Center. Mr. David Bayles, Catalina Avenue, present to represent the Gum Grove ' Nature Park Group, said the concerns he came with are relatively minimal compared to the discussion as the Gum Grove Group has not made a decision on the options. Mr. Bayles stated they are pleased and proud to have this Education Center potentially being located on the addition to Gum Grove Park, a way to honor the Native Americans; it is also felt that this is a good component to long term plans that the Group hopes to implement through the rest of Gum Grove Park, the Gum Grove addition will be planted with native species and as the old, diseased eucalyptus trees, which are not native to this area, die out the plan is to replant with native species as well, therefore within an undetermined period of time the Gum Grove Park would be native species from shrubs to trees, provide a habitat for insects, birds, and other animal life, it is felt the interpretative Center would be a great component, it will also help the Group to obtain grant money to implement their plans in the future. Their concerns relate to the design of the interpretative Center itself, he spoke this evening to Mr. Morales and Mr. Larkin from John Laing Homes and they both agreed to design changes that are relatively simple, there are two outer paths to the circle, the Group felt that was somewhat over - designed and not quite in keeping with the natural and native look that was sought, the proposal is that the inner circle, comprised of decomposed granite, be widened to allow a person to meander around the kiosks therefore access to both sides of the kiosks could be obtained by both pedestrians and wheelchairs, then do away with the outer path, there is no need for two paths and it would be more in keeping with the rustic feel desired. The other concern was with the list provided by the architects which shows the use of coastal redwoods, that was not on the original list of tree species, coastal redwoods are native to central and northern California but not to Southern California, there is agreement to with both changes, and as a Group they are excited about the cultural Center. Mr. Dave Bartlett said on behalf of Hellman properties he would like to support the collaborative efforts of John Laing Homes, the Native Americans, and the City, the effort has been a tremendous undertaking lasting nearly one year, there were a lot of issues to be balanced during that time, the parties did a good job in coming to those compromises. Mr. Bartlett offered that Hellman Properties is excited about having the ability to dedicate Gum Grove Park to the City along with resources for continued maintenance and enhancement of the Park as provided for in the Development Agreement, Hellman looks forward to doing this as soon as possible. with regard to the security issue, said the Park is going from ten acres to nearly fifteen acres, some of those issues may need to be addressed yet not necessarily as part of this mitigation plan but as part of the City's overall strategy as to the best way to maintain, police, and staff the Park - since the City will then own it, with the increased population as a result of the sixty -five to seventy new homes the belief is that the Park will be used much more Page Twenty -three - City Council Minutes - July 14, 2003 and some of the issues will be minimized by the additional use. Mr. Bartlett expressed appreciation to everyone involved in coming to this resolution. Ms. Margaret Jule Crestview Avenue, said she has heard nothing about what will happen to their property, it will decrease the ''property values. She mentioned that about five years ago there were Indians on the property supposedly reinterring bones with chanting and drums for four days during which she had to leave her home, and said that the plans for the amphitheater were done without the residents knowing about it, and suggested it be located by the Police Department where it can be managed. Mr. Voce stated as a point of clarification to the Gum Grove Park Group that he had seen site B ahead of time, the Group did not vote on a position however as co -Chair of the Group it did receive his approval. Councilman Antos said from his experience he does not have much faith in the California Coastal Commission. He offered that whatever location is selected the City is going to need some support from the Native Americans with regard to security because when the Center is put in, no matter the location, the last thing that would be wanted is to have it damaged or destroyed, keeping in mind that it is a nature Park and native area, not an active use Park, if there is no ability through the Coastal Commission to waive the permit conditions as they exist to control the access that is when the area will be damaged and there will also be pot hunters. Councilman Antos suggested that prior to a final location decision there needs to be support to go to the Coastal Commission to have their condition changed, the westerly portion of the Park is open from dawn to dusk then a locked gate, there also needs to be security at the additional Park area on the easterly end of the property. He mentioned the comment made that the City needed to develop a plan as to what it is going to do and what is going to be allowed, if it is going to be a nature area with upland habitat support area for the lowland habitat then it must be treated that way and there needs to be enforcement. Councilman Antos made note of the Parks and Recreation Commission recommendation for a site closer to Seal Beach Boulevard as opposed to site 8 which was closer to the originally selected site, asked if the Archaeological Advisory Committee had looked at that site and made comments, also, if the recommendation of the Council is to locate the Center nearer Seal Beach Boulevard is there a way as part of the replanting plan of the Gum Grove Group to plant that area first with the native plant materials to make it more rural and native in nature, eucalyptus trees are not native. The Development Services ' Director responded that the Archaeological Committee reviewed the entire mitigation plan which includes a whole ' range of things including this facility, they looked at the plan more towards the impacts on the existing cultural sites, they felt that the plan made sense in general, they did not deal specifically with the design or location of the cultural Center as they felt that was not their responsibility. with regard to the planting inquiry, the Director offered that there may be some way to do some redesign and regrading that is different from the existing grading plan, possibly build some berms to produce sound Page Twenty -four - City Council Minutes - July 14, 2003 reducing effects, and noted that in the opinion of the Native Americans that is not a desirable site. Councilman Yost said to put this matter in perspective, the reason for this discussion is not that John Laing Homes, the Hellmans, or Dave Bartlett are magnanimous and want to do this, it is 'because a large number of Native American remains were found on the property, buried in a ceremonial fashion, because of that certain mitigation measures were put into place, there was no cultural Center proposed in the initial plan, the City has to have a buyoff with this, initially there was a proposal for a connection from Seal Beach Boulevard with Gum Grove Park, not only a connection but it was going to be open all the time, he addressed the Coastal Commission at least four times advising them that there had to be some control by the City with regard to access, the Chief of Police said the same, they kept saying no. As a fourth generation Californian Councilman Yost voiced his respect for Native Americans, and he wants to see the right thing done which in his opinion would be to place the Center within the development itself on an area that is already graded, and in viewing the sites there is concern also that in the process of constructing the Center that more Native American remains will be disturbed, he does not feel that this is a good idea, the Center should be on an already graded area. Councilman Yost expressed his preference that the Native Americans continue to work with John Laing Homes and the community more closely to find a way to accomplish this, the preferred site is virtually impossible to patrol, it is not visible from Seal Beach Boulevard, anyone that creates a disturbance on the site at night will merely exit through the opposite end of the Park should the Police be called, it is impossible to keep the area safe, this will create an attractive nuisance which in turn impacts the existing residents, there needs to be a way to recognize the heritage and to pay attention to what was found on that property, which is a large number of Native Americans that were ceremoniously buried on the site, the impression he is getting is money, not losing another lot, he would propose to turn down all of the options, agreed that option A is not as appropriate as it needs to be in terms of respect and its proximity to Seal Beach Boulevard yet option B is no better because it too severely impacts those who currently reside there, there has to be another way to do this from inside the development. Councilman Yost noted that for once the City has some control as opposed to the Coastal Commission imposing another condition, this is an opportunity to do something right for the Native Americans and for those who currently reside in the area, and urged rejection of all options. Councilman Doane indicated agreement with most of the comments of Councilman Yost, his feeling is that there should be further discussion of a third choice, look at all ' ramifications including the oil road, therefore he did not feel the Council is ready to make a decision, noted also receiving a number of written communications which seemed to favor the location on the northerly side of the John Laing Homes, in turn the Gum Grove Group welcomes the Center as becoming part of the Gum Grove Park area, in his opinion there is a way to go before making this decision. Page Twenty -five - City Minutes - July 14, 2003 Councilman 'cost urged that an area be considered that has already been graded, the desire is to not disturb any further cultural deposits, there must be a location that has been graded that meets the needs of all concerned and moved to reject location areas A and B and consider a location C which is yet to be determined and from somewhere within the development that meets the needs of the Native Americans and treats this with the respect that is due. • Councilman Doane seconoed the motion. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Councilman Larson made mention of the Coastal Commission conditions and said even if options B or A had been approved the Council is far from a final decision in that they are required to grade only with a two inch blade, that observers follow along behind, that the Indian representative has the power to stop the grading, that they can not do this at night, to that he said that is the law, it should be part of any settlement that there not be nighttime activities, it is known that there are problems with Gum Grove Park even without this program, there are problems with dogs, children, his preference would be to see all of those resolved before a site is approved, that could be done as part of these negotiations. AD HOC GENERAL PLAN /LOCAL COASTAL PLAN - CITIZENS ADVISORY COMMITTEE REPORT Councilman Antos as Chairman of the Committee presented the report, noted that the Committee and its alternates reviewed all of the Elements to the General Plan with the exception of the Housing Element, and at the conclusion of their many meetings the Committee transmitted the Elements to the Council for review, minutes of their meetings, and recommendation that the Council receive the report with the attachments and refer same to the Planning Commission for the required public hearing and consideration, recommendation also that instead of the Committee being . dissolved at this time that it be held over until such time as the draft Housing Element is prepared to then be referred to the Committee for a one meeting review, recommendations, and referral to the City Council. Mayor Campbell asked what the estimated cost of City Attorney time would be if the Committee reviews the Housing Element. The City Attorney responded that it would depend on what their action may be, one of the attorneys from his firm would attend the meeting, it would depend on the length of the meeting, and unlike other Elements there are State mandated requirements of the Housing Element that the City is required to comply with, therefore if the Committee wanted to make recommendations or changes to State mandates it may require attorney time to explain the law with respect to the required portions of the Housing Element. Larson moved, second by Antos, to receive and file the Ad Hoc General Plan /Local Coastal Plan Citizens Advisory Committee Report, and accept the request of the Committee to also review the Housing Element of the General Plan when completed. • Proposed Educational Center at Hellman Ranch Parks and Recreation Commission Staff Report September 10, 2003 ATTACHMENT I CITY COUNCIL STAFF REPORT RE: "CONSIDERATION OF PROPOSED `EDUCATIONAL CENTER' AT GUM GROVE NATURE PARK ", DATED JULY 14, 2003, INCLUDING ATTACHMENTS 1 THROUGH 8: ATTACHMENT 1: "MEMORANDUM OF RECOMMENDATION RE: GUM GROVE NATURE PARK EDUCATIONAL CENTER ", FROM THE PARKS AND RECREATION COMMISSION TO CITY COUNCIL, APPROVED ON JUNE 25, 2003 ATTACHMENT 2: PROPOSED PLANS - ORIGINAL PROPOSED LOCATION FOR GUM GROVE NATURE PARK EDUCATIONAL CENTER ATTACHMENT 3: PROPOSED PLAN - OPTION A LOCATION FOR GUM GROVE NATURE PARK EDUCATIONAL CENTER ATTACHMENT 4: PROPOSED PLAN - OPTION B LOCATION FOR GUM GROVE NATURE PARK EDUCATIONAL CENTER ATTACHMENT 5: PARKS AND RECREATION COMMISSION STAFF REPORT RE: "CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT GUM GROVE NATURE PARK ", DATED JUNE 25, 2003 ATTACHMENT 6: MEETING NOTIFICATION OF CITY COUNCIL CONSIDERATION, DATED JUNE 30, 2003 ATTACHMENT 7: LETTER FROM MR. KRIEGER, 1725 CRESTVIEW AVENUE, DATED JULY 3, 2003 ATTACHMENT 8: LETTER FROM JOHN LAING HOMES RE: GUM GROVE PARK - EDUCATION CENTER - ANNUITY, DATED JULY 10, 2003 Education Facility.P &R Staff Report 2 24 FILE COPY July 14, 2003 STAFF REPORT To: Honorable Mayor and City Council Attention: John B. Bahorski, City Manager From: Lee Whittenberg, Director of Development Services Subject: CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT GUM GROVE NATURE PARK SUMMARY OF REQUEST: Approve proposal for the establishment of an Educational Center at Gum Grove Nature Park and: 1. Select an approved location (original location, Option A location, or Option B location); 2. Concur with replacement of Coastal Redwood trees with species recommended by the City Arborist; 3. Instruct Staff to implement the necessary actions for submission to California Coastal Commission; and 4. Instruct Staff to finalize the form of guarantee to be provided by John Laing Homes to guarantee all ongoing maintenance costs of the Educational Center will be borne by John Laing Homes. BACKGROUND: The Parks and Recreation Commission considered this matter on June 25 and recommended approval of the request on a 4 — 0 - 1 vote of the Commission (Commissioner .Watson was absent). The Commission recommended consideration of alternative location criteria to address concerns of neighbors that spoke at the Commission meeting. Their recommendauon is provided in a "Memorandum of Recommendation ", provided as Attachment 1. OVERVIEW OF PARKS AND RECREATION COMMISSION DISCUSSION AND RECOMMENDATION REGARDING THE REQUEST: AGENDA ITEM Z Z \My DocumentsVohn Laing Homes \Education Facility CC Staff Report.doc \LW\06 -?6 -0: • F r e . o."Y i •S I y Proposed Educational Center at Gum Grove Nature Park • City Council Staff Repon July 14. 2003 Staff provided a notice of the meeting of the Parks and Recreation Commission regarding this matter to the property owners of 1665 to 1733 Crestview, as those properties were the most immediately adjacent to the proposed facility. During consideration of this item at the Parks and Recreation Commission the following concerns were addressed by the Committee: o Public safery concerns of the proposed facility being located far from Seal Beach Boulevard n Concern on the impact of the proposed facility on the quiet enjoyment of living environment on the existing residences along Crestview that abut the proposed location of the facility. The Commission determined to forward to the City Council the approved "Memorandum of Recommendation ", as recommended by staff and as subsequently amended by the action of the Commission. The Commission determined to add the following additional language to the "Memorandum of Recommendation ": "Alter to Location SugzestedJv the Becreation Commission: Based on comments received on June 25, 2003 from neighbors and the representatives of John Laing Homes and Hellman Properties LLC, the Commission strongly recommends consideration of an alternate location that would comply with the following location criteria: O Be located closer to Seal Beach Boulevard — suggested location would be located between Seal Beach Boulevard and the slope area between Lots 55 and 68. This would place the Educational Center no further than approximately 400 feet westerly of Seal Beach Boulevard. This would address concerns regarding vandalism, loitering, and unauthorized general public nuisance activities that are of concern to adjoining residents along Crestview Avenue. o Be located as to provide a minimum 165 -foot distance from the existing rear property lines of the adjoining homes that are located on Crestview Avenue and back up to Gum Grove Nature Park to the center point of the proposed inner circle of the Educational Center. This would address concerns regarding potential visual and private property safety concerns that are of concern to adjoining residents along Crestview Avenue." OVERVIEW OF PROPOSED LOCATIONS FOR EDUCATIONAL - CENTER: Please note that in the following discussion. all of referenced dimensions from the proposed facility to adjoining properties or roadways are from the center point of the proposed inner ring of the educational center, and the inner ring has a 30' diameter. Original Proposed 1,ncation of Educational Center: Educauon Facility CC Staff Report 2 Proposed Educational Center ar Guru Grove Nature Park City Council Staff Report July 14, 2003 The initial proposed facility location within Gum Grove Nature Park is approximately 775 feet west of Seal Beach Boulevard. The facility would be located approximately 53 feet from the nearest property to be developed as part of the Heron Point development and approximately 135 feet from the existing homes along Crestview that back up to Gum Grove Nature Park. Please refer to Attachment 2 to review the site location plan. Representatives of the Gum Grove Park Advisory Committee and the Sierra Club have visited the location and were of the opinion that the proposal is acceptable and respectful of the concerns of the Native American communities. This is the location determined most desirable by the Most Likely Descendent in reviewing various locations for the proposed facility prior to the public input received at the Parks and Recreation Commission meeting. This location would be on a raised area, to the north of the main access trail into Gum Grove Nature Park, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25 -years for a future wetland restoration project, and the San Gabriel Mountains in the far background. Alternative Proposed Locations Rased on Parks and Recreation Commission Recommendation; The Most Likely Descendent and John Laing Homes have re- evaluated the original proposed location and other possible locations based on the recommendation of the Parks and Recreation Commission. They have submitted two alternative locations for consideration by the City Council. In discussing these alternate locations with representatives of John Laing Homes, it was indicated that the preferred location of the Most Likely Descendent would be either the original location or the Option B location.. The Option A location would be the least desirable location from the viewpoint of the Most Likely Descendent. Provided below is a brief description of those proposed locations. ❑ Option "4" Location* Thus proposed location is indicated to be located approximately 180' from the existing residences adjacent to Crestview, 153' from Seal Beach Boulevard, and 90' from the private cul -de -sac roadway right -of -way between lots 68 and 69 of the proposed development. Please refer to Attachment 3 to review the site location plan. ❑ nntinn "P," Location. This proposed location is indicated to be located approximately 165' from the existing residences adjacent to Crestview, 795' from Seal Beach Boulevard, and 53' from the southwest corner of the most southerly lot, Lot 54. Please refer to Attachment 4 to review the site location plan. Educauon Facilitv.CC Staff Report Proposed Educational Center at Gum Grove Nature Park City Council Staff Reoort ' July 14, 2003 It should be noted that the Parks and Recreation Commission recommendation of a minimum distance of 165 feet from the rear property lines of the existing. properties along Crestview to the proposed facility eliminates any other alternate locations along the southerly side of the Heron ' Pointe development between the Option A and Original Location/Option B locations. The City Arborist has also recommended that the proposed Coastal Redwood trees be replaced with California Sycamores, Coastal Live Oaks, Catalina Cherry or Catalina Ironwood trees. Staff recommends that this recommendation be concurred with by the City Council. Additional Notification to Residents: Since the Recreation Commission recommended consideration of additional locations that would be located closer to Seal Beach Boulevard, Staff provided a meeting notice of this matter to all residents on Crestview between 1665 and 1737 Crestview, a total of 18 lots from Seal Beach Boulevard westerly to approximately 127 feet westerly of the intersection of Crestview Avenue and Bayside Drive. Please refer to Attachment 6 for a copy of the meeting notice. The proposed locations of the Original Location/Option B is located approximately behind 1717 Crestview Avenue, while the Option A location is located approximately behind 1749 Crestview Avenue. Again, the proposed location of the educational center facility would be between approximately 150 -165 feet from the rear property line of 1717 Crestview and approximately 180 feet from the rear property line of 1749 Crestview Avenue. Writfrn Communications Ree!iied Shur, Commission MQetir The City has received a letter regarding this matter from Mr. Krieger of 1725 Crestview Avenue, and a. copy is provided for the information of the City Council as Attachment 7. Mr. Krieger also appeared and spoke at the Parks and Recreation Conunission meeting regarding this matter. OVERVIEW OF REQUEST: During the site grading activities for the John Laing Homes development (Heron Point) on the Hellman Ranch Specific Plan Area ( "SPA ") property a significant number of Native American burials have been encountered. In order to comply with the provisions of the Coastal Development Permit issued by the California Coastal Commission, a "Mitigation Plan" has been prepared by the City- selected archaeological firm. EDAW, in consultation with the State- appointed Most Likely Descendent (the "MLD "), Anthony Morales. and John Laing Homes, the property owner. The "Mitigation Plan" has been reviewed and approved by the MLD and John Laing Homes. The City of Seal Beach Archaeological Advisory Committee reviewed the "Mitigation Plan" on May 21, 2003 and forwarded a comment letter on the plan to the California Coastal Commission. A copy of their comment letter is provided as Attachment 3 to the Parks and Recreation Commission Staff Education Facility CC Staff Report 4 Proposed Educational Center oir Gum Grove Nature Park C.ry Counct! StafRenorr July 14. The issuance of a "building permit" or "encroachment permit" will not be released until the appropriate long -tern tnaintenance guarantee document, in a form acceptable to the City Attorney, has been executed by all pares of record, and recorded if necessary RECOMMENDATION Approve proposal for the establishment of an Educational Center at Gum Grove Nature Park and: 1. Select an approved location (original location, Option A location., or Option B location); 2. Concur with replacement of Coastal Redwood trees with species recommended by the • City Arborist: 3. Instruct Staff to implement the necessary actions for submission to California Coastal Commission; and 4. Instruct staff to finalize the form of guarantee to be provided by John Laing Homes to guarantee all ongoing maintenance costs of the Educational Center will be borne by John Laing Homes. NOTED • D APPROV ): 4 AI 7t—/ e Whitt '.erg John B. =7 orski Director of Development Services . City Man- ger Attachments: (8) Attachment 1: "Memorandum of Recommendation re: Gum Grove Nature Park Educational Center ". from the Parks and Recreation Commission to City Council, approved on June 25, 2003 Attachment 2: Proposed Plans — Original Proposed Location for Gum Grove Nature Park Educational Center Attachment 3: Proposed Plan — Option A Location for Gum Grove Nature Park Educational Center Attachment 4. Proposed Plan — Option B Location for Guru Grove Nature Park Educational Center °_ducauoa Faculty .CC Staff Report 8 Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 The facility is to be landscaped with a variety of native plans, including Coast Live Oaks around the educational center itself, and Coastal Redwood along the southern side of the main trail into Gum Grove Nature Park. Additional shrubs and gasses include: Western Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of 10 boulders are proposed along the trail from the Seal Beach Boulevard parking area to the Educational Center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. OVERVIEW OF PROPOSED INSTRUMENT FOR MAINTENANCE GUARANTEE: As indicated above, John Laing Homes ". . would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on -going maintenance and care." The City will not be responsible for maintenance costs for the facility. Staff has made this point very clear to John Laing Homes and the MLD. In discussing this issue with John Laing Homes, there are several possible ways to structure the long -term maintenance guarantee required by the City to place this facility within a public park area. The alternative financing mechanisms are: o Maintenance costs to be included within the Community Facilities District that is - proposed to be formed for the financing of certain public improvements related to the John Laing Homes residential development. o Entering into an agreement, or providing an annuity, in a form and content acceptable to the City Attorney to guarantee the long -term maintenance of said education center at no cost to the City of Seal Beach. John Laing Homes has submitted a letter dated July 10, 2003 committing to ".. provide an annuity. in a form and content acceptable to the City Attorney to guarantee the long -term maintenance of said education center at no cost to the City of Seal Beach." A copy of this commitment letter is provided as Attachment 8. The necessary `Approval in Concept" for submission to the California Coastal Commission is not to be approved by Staff until a letter of commitment. in a form acceptable to the City Attorney, from John Laing Homes is received regarding the proposed method of providing financial guarantee for the long -term maintenance of said Education Center at no cost to the City of Seal Beach. 71iE 0 lL 2. r� '` ?c": 1 77 1--/ ,J1... 77://_5 Cq w r-,../..7.27::,4,7_ rv .ate �' I '� A. r c; /1/4.) ,� r= 7a / =/ Education Facility CC Staff Report , 7 Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 . The Mitigation Plan further discusses this proposal in Section 6, "Mitigation Program" and that discussion is provided here for the convenience of the City Council: "Development of Educational Center - An educational center will be constructed within the Gum Grove Park extension area (Figure 8; Appendix C). This facility will consist of a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area. JLH will ensure that the design process is coordinated with the City of Seal Beach and the Gum Grove Park Advisory Committee, and will present the adopted design to the City of Seal Beach Parks and Recreation Commission and City Council for review and approval. Contingent upon receiving the necessary approvals, JLH would construct the approved design and would dedicate it to the City of Seal Beach along with an _ annuity for on -going maintenance and care. Construction -level plans of the facility are presented in Appendix C." The Coastal Commission has requested that this facility be reviewed by the Parks and Recreation Commission and approved by the City Council prior to the Commission action on the "Mitigation Plan". As indicated above, the Parks Commission has reviewed this proposal and is recommending approval by the City Council with recommend location criteria .to utilize in determining the final location of the subject facility. OVERVIEW OF PROPOSED EDUCATIONAL CENTER: The initial proposed location of the proposed Educational Center was chosen by the MLD as the most appropriate location for such a facility. The facility will be accessible from the new parking. area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. The facility itself is proposed to be "a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30 feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will. be 5 feet. This area is envisioned to be utilized as an informal sitting area for persons who may be attending an interpretative talk by Native American representatives, other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 6 and 8 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting area and the capability of viewing the interpretative display panels from both sides. Education Facility CC Staff Report 6 Proposed Educanonal Center at Gum Grove Nature Park City Council Staf Revort July 14, 2003 Report. The Parks and Recreation Commission was not requested to review any aspect of the Mitigation Plan other than the proposed Educational Center within Gum Grove Nature Park. Two types of project related impacts have been identified in the Mitigation Plan. The first is loss of archaeological information. Mitigation of this impact can be adequately achieved through continued collection of non -burial artifacts and features during controlled grading and manual excavation; analysis of the human remains prior to reburial to the extent authorized by the MLD; - analysis of all the data in a final synthetic report on the archaeological investigations; and, curation. The second type of impact is the cultural impact to Native American groups. Ancestral burials are very important in contemporary Gabrielino and Juaneno culture. Removing these burials from their original location would be considered culturally significant. The Mitigation Plan addresses this impact.by setting aside the most - culturally sensitive area within CA -ORA- 264 as a Preservation Area that will remain as open space. Burials within the Preservation Area will be left in place, covered with fill, and landscaped in native vegetation. Burials removed from other locations will be reinterred within the Preservation Area under the direction of the MLD. • In addition the Mitigation Plan specifies that JLH in consultation with the MLD will design an educational facility for Gum Grove Park that will be suitable for use in cultural and educational programs focusing on the environment, history and Native American culture of the project area. Pending approval of this design by the City of Seal Beach and the Coastal Commission, JLH will construct and landscape this facility and dedicate it to the City of Seal Beach. All of the mitigation measures specified in the Mitigation Plan are summarized in Table ES -1, provided as Attachment 4 of the Parks and Recreation Commission Staff Report. _ Mitigation Measure 6 is the particular issue before the City Council regarding this matter, and this mitigation measure reads as follows: Mitigation Measure Comments 6 Develop a cultural - educational center within Pending City and Coastal Gum Grove Park — JLH will retain an appropriate Commission approval, JLH will consultant to design this facility in consultation complete this measure in with the MLD. Designs will be submitted- to the conjunction with the process of City of Seal Beach and California Coastal . dedicating Gum Grove Park to Commission for approval. the City of Seal Beach and will construct and landscape the center during project construction. Education Facility CC Staff Report 5 Proposed Educatzonal Center at Gum Grove Nature Park ' Croy Council Stc ffReport July 14, 1003 Attachment 5: Parks and Recreation Commission Staff Report re: "Consideration of Proposed `Educational Center" at Gum Grove Nature Park ", dated June 25. 2003 Attachment 6: Meeting Notification of City Council Consideration, dated June 30, 2003 Attachment 7: Letter from Mr. Krieger, 1725 Crestview Avenue, dated July 3, 2003 Attach>.nent 8: Letter from John Laing Homes re: Gum Grove Park — Education Center — Annuity, dated July 10, 2003 Education Facilm CC Staff Repon 9 Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 ATTACHMENT 1 "MEMORANDUM OF RECOMMENDATION RE: GUM GROVE NATURE PARK EDUCATIONAL CENTER ", FROM . THE PARKS AND RECREATION COMMISSION TO CITY • COUNCIL, APPROVED ON JUNE 25, 2003 • Education Facilitv.CC Staff Report 10 of SEA( 6, PARKS & RECREATION !.' c; y�i`� R4Tf0 ,q�'\ it � * COMMISSION 1 i � Nry Memorandum of Recommendation To: Mayor Larson and Members of the City Council Date: June 25, 2003 SUBJECT: RECOMMENDATION RE: PROPOSED- GUM GROVE NATURE PARK EDUCATIONAL CENTER The Parks and Recreation Commission considered this matter and an accompanying Staff Report on June 25, 2003. After receipt of public comments and deliberations and discussion among the Commission members, it was the determination of the Parks and Recreation Commission to recommend approval of the proposed "Educational Center" at Gum Grove Nature Park, if developed in substantial compliance with the development proposal as outlined below: OVERVIEW OF PROPOSED GUM GROVE NATURE PARK EDUCATIONAL CENTER DEVELOPMENT PLAN The proposed facility is proposed to be located within Gum Grove Nature Park, approximately 875 feet west of Seal Beach Boulevard. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron Point development and approximately 130 feet from the existing homes along Crestview that back up to Gum Grove Nature Park. 7-W, r 1nr. .mantel Inhn I ainn 1-{nrnamkgrli .rohnn r.antar Ra• rnmmissinn Memo doc \Lw\06 -26 -03 Memorandum of Recommendation re: Gum Grove Nature park Educational Center Parks and Recreation Commission June 25, 2003 The facility itself is proposed to be "a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30 feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will be 5 feet. This area is envisioned to be utilized as an informal sitting area for persons who may be attending an interpretative talk by Native American representatives, other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 6 and 8 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting area and the capability of viewing the interpretative display panels from both sides. This facility will be located on a raised area, to the north of the main access trail into Gum Grove Nature Park, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25- years for a future wetland restoration project, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plants, including Coast Live Oaks around the educational center itself, and Coastal Redwood along the southern side of the main trail into Gum Grove Nature Park. Additional shrubs and grasses include: Western Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of 10 boulders are proposed along the trail from the Seal Beach Boulevard parking area to the Educational center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. John Laing Homes would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on- Memorandum of Recommendation re: Gum Grove Nature park Educational Center Parks and Recreation Commission June 25, 2003 Alternate Location Suggested by the Recreation Commission: Based on comments received on June 25, 2003 from neighbors and the representatives of John Laing Homes and Hellman Properties LLC, the Commission strongly recommends consideration of an alternate location that would comply with the following location criteria: o Be located closer to Seal Beach Boulevard — suggested location would be located between Seal Beach Boulevard and the slope area between Lots 55 and 68. This would place the Educational Center no further than approximately 400 feet westerly of Seal Beach Boulevard. This would address concerns - regarding vandalism, loitering, and unauthorized general public nuisance activities that are of concern to adjoining residents along Crestview Avenue. ❑ Be located as to provide a minimum 165 -foot distance from the existing rear property lines of the adjoining homes that are located on Crestview Avenue and back up to Gum Grove Nature Park to the center point of the proposed inner circle of the Educational Center. This would address concerns regarding potential visual and private property safety concerns that are of concern to adjoining residents along Crestview Avenue. The Recreation Commission approved this "Memorandum of Recommendation" by the following vote on June 25, 2003: AYES: Commissioners GOERING, LAYMAN, ROHMAN, AND SUSTARSIC NOES: Commissioners ABSENT: Commissioners WATSON ABSTAIN: Commissioners ' (g k EA, livr) Vice- Ch,i'rperson / Parks end Recreatign Commission City of Seal Beach Education Center Rec Commission Memo 3 Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 ATTACHMENT 2 PROPOSED PLANS - ORIGINAL PROPOSED LOCATION FOR GUM GROVE NATURE PARK EDUCATIONAL CENTER • Education Facilitv.CC Staff Report 1 1 01� i Z.3 s a " : ! . Mr r m Wg r V - il 4' 4i3 1'22 C ♦ S ° te•'• ° f ▪ 41. I ' x lS• „ boa _ 1 p C r ♦ w /m� y/ g is ' _ - e . 14 • __ ?@ r Z.b' O 35S ` 61 2 1 Q. "_ ±J ne e ._. s V A ' • ° s as 44444444444444 %, y s. . Po . G . W d . tU Et < r c :: • a= e a; V j s 8? ...z U o - ` \. t IS — = r ' , ' j L . i: c .:. , '?' • : • ::: ' 7,: •7• ;,::',........ 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Ct Z :aee¢i.9xts Z rttl+ n g 0 U r � t 1 Q % J ' ! r r rr' 4 !p — _ j ..7.."'•"1"..• 1 j `` • w 1 4 11 / / { gr � � l p ( c l n m �i �/� - -• - - ` '�"'- -:, ry rl 1 • = I-. _ s . ••• 5__,/ ul /r• ' ,, , l,,,,,k � q !� - • ` , • a i •• Z •r... -era S y _ LL — '7;4:". _ i ''^:'�• ` ® - 1 X11 l � �1 % ` � - � Q : „,:- ~ r : ; - : U O � / ` � ���' %�l1'll % p il liN l l ll i �' W m a Y Proposed Educational Center at Gum Grove Nature Park Cent' Council Staff Report July: 14, 2003 ATTACHMENT 4 PROPOSED PLAN - OPTION B LOCATION FOR GUM GROVE NATURE PARK EDUCATIONAL CENTER Education Facility.CC Staff Report 13 a . _ eve 2 i x 3 � � - ill • c, c 5 . - O .M y vo z 1 0 � �■ - 0 ° t' I7I a o - x Is: Z 3s. s 'a I • \ ` ` . ija12__,E - u •... or a °• @� r :s " 0 O a 2 ' ad O` L-::441 `_��' • r :••• .: ii 444444444444aJ Y C ; u :=i = Ch :=-6. , Or :, a \ 1. �. - III �.,. • -i x it I - . I ; Wi \ � *' \ _ \f; -�.• �' ' .f .., N /4C \ N . ..„ • j ... --. \ I V ill \, ' ' ' . , . * 1 \ 1 ' . 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'.s f • • • I.- I--• \- • • -. `— - - CC . :7 - -`-- --_ '— =,- • ry a . t , 1,y • • i Z _ - - _ .; ' Jk� � r te j ay W J 1 > c •.' -%•,. ` ... I [ a Y �� ~ ,tea . • • • ^: - f i g +- ` .Y U - -• 17 Ell I j ' i /7 /7 /0//,,I� i �fl � /l /l/t _ - 2 f Q O lr ;h l „I ;l n U W CO . Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 ATTACHMENT 5 PARKS AND RECREATION COMMISSION STAFF REPORT RE: "CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT GUM GROVE NATURE PARK", DATED JUNE 25, 2003 . Education Facility.CC Staff Report 14 FILE COPY June 2c, 2003 STAFF REPORT . To: Chairperson and Members of the Recreation Commission From: Lee Whittenberg, Director of Development Services Subject: CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT GUM GROVE NATURE PARK SUMMARY OF REQUEST: Review proposal for the establishment of an Educational Center at Gum Grove Nature Park and forward a "Memorandum of Recommendation" to the City Council as to the proposed facility. BACKGROUND: During the site grading activities for the John Laing Homes development (Heron Point) on the Hellman Ranch Specific Plan Area ( "SPA ") property a significant number of Native American burials have been encountered. In order to comply with the provisions of the Coastal Development Permit issued by the California Coastal Commission, a "Mitigation Plan" has been prepared by the City - selected archaeological firm, EDAW, in consultation with the State - appointed Most Likely Descendent (the "MLD "), Anthony Morales, and John Laing Homes, the property owner. The "Mitigation Plan" has been reviewed and approved by the MLD and John Laing Homes. The City of Seal Beach Archaeological Advisory Committee reviewed the "Mitigation Plan" on May 21, 2003 and forwarded a comment letter on the plan to the California Coastal Commission. A copy of their comment letter is provided as Attachment 3. The Recreation Commission is not being requested to review any aspect of the Mitigation Plan other than the proposed Educational Center within Gum Grove Nature Park. This "Mitigation Plan" includes an evaluation of the significance of the burials and other finds that have occu - ed during monitoring. The discovery of the Native American burials confirms the conclusion of significance with respect to cultural resources identified in the City's Environmental Impact Report. Previous investigations did not, however, provide indications of the number of Native American burials that would be encountered. In addition to those already identified, other burials probably still exist within the ungraded portion of the SPA. These Z.\My Documents'John Lam; Homes \Education Facility P &R Staff Repoct.doc \LW\06 -16 -03 a.l Proposed Educanonal Center at Gum Grove Nature Park Recreation Contrnisszon Staff Report June 25, 2003 Native American burials are within traditional Gabrielino territory and are highly significant to contemporary GabrielinoiTongva. The non -burial related artifacts and features identified through monitoring also confirm the cultural significance of the sites within the SPA. Most are similar to those recovered in the archaeological sample collected during the testing and data recovery programs. However, the monitoring of controlled grading allowed the recovery of a much larger sample than would otherwise have been possible and did result in the identification of some types that had not previously been reported for the sites. These additional finds will allow a refined assessment of prehistoric Native American lifeways and cultural adaptation along the southern California coast. The Mitigation Plan includes additional research questions to be addressed using the newly acquired data along with the archaeological information that was already available for the SPA. Two types of project related impacts can be identified. The first is loss of archaeological information. Mitigation of this impact can be adequately achieved through continued collection of non -burial artifacts and features during controlled grading and manual excavation; analysis of the human remains prior to reburial to the extent authorized by the MLD; analysis of all the data in a final synthetic report on the archaeological investigations; and, curation. The second type of impact is the cultural impact to Native American groups. Ancestral burials are very important in contemporary Gabrielino and Juaneno culture. Removing these burials from their original location would be considered culturally significant. The Mitigation Plan addresses this impact by setting aside the most - culturally sensitive area within CA -ORA -264 as a Preservation Area that will remain as open space. Burials within the Preservation Area will be left in place, covered with fill, and landscaped in native vegetation. Burials removed from other locations will be reinterred within the Preservation Area under the direction of the MLD. In addition the Mitigation Plan specifies that JLH in consultation with the MLD will design an educational facility for Gum Grove Park that will be suitable for use in cultural and educational programs focusing on the environment, history and Native American culture of the project area. Pending approval of this design by the City of Seal Beach and the Coastal Commission, JLH will construct and landscape this facility and dedicate it to the City of Seal Beach. All of the mitigation measures specified in the Mitigation Plan are summarized in Table ES -1, - provided as Attachment 4 of this Staff Report. Mitigation Measure 6 is the particular issue before the Commission, and this mitigation measure reads as follows: 7 Education Faciliry.P&R Staff Report 1 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Stu f Report June 29, 2003 Mitigation Measure Comments 6 Develop a cultural - educational center within Pending City and Coastal Gum Grove Park — JLH will retain an appropriate Commission approval, JLH will consultant to design this facility in consultation complete this measure in with the MLD. Designs will be submitted to the conjunction with the process of City of Seal Beach and California Coastal dedicating Gum Grove Park to Commission for approval. the City of Seal Beach and will construct and landscape the center during project construction. . The Mitigation Plan further discusses this proposal in Section 6, "Mitigation Program" and that discussion is provided here for the convenience of the Commission: "Development of Educational Center - An educational center will be constructed within the Gum Grove Park extension area (Figure 8; Appendix C). This facility will consist of a low, circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area. JLH will ensure that the design process is coordinated with the City of Seal Beach and the Gum Grove Park Advisory Committee, and will present the adopted design to the City of Seal Beach Parks and Recreation Commission and City Council for review and approval. Contingent upon receiving the necessary approvals, JLH would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on -going maintenance and care. Construction -level plans of the facility are presented in Appendix C." The Coastal Commission has requested that this facility be reviewed by the Recreation Commission and approved by the City Council prior to the Commission action on the "Mitigation Plan ". OVERVIEW OF PROPOSED EDUCATIONAL CENTER: The location of the proposed Educational Center was chosen by the MLD as the most appropriate location for such a facility. It has easy access from the parking area to be provided adjacent to Seal Beach Boulevard, is within a reasonable walking distance from Seal Beach Boulevard., is sufficiently distant from neighboring homes to not be a disruption to those homes, is visible from Seal Beach Boulevard for security purposes. and provides a suitable and respectful location for the honoring of their ancestors. Representatives of the Gum Grove Park Advisory Committee Education F actlrtv,?&R Staff Report 3 • Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 and the Sierra Club have visited the location and are of the opinion that the proposal is acceptable and respectful of the concerns of the Native American communities. The proposed facility is to be located within Gum Grove Nature Park, approximately 875 feet west of Seal Beach Boulevard. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron Point development and approximately 130 feet from the existing homes along Crestview that back up to Gum Grove Nature Park. The facility itself is proposed to be "a low. circular structure with associated landscaping and signs, and will be designed to provide information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30 feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will be 5 feet. This area is envisioned to be utilized as an informal sitting area for persons who may be attending an interpretative talk by Native American representatives, other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 6 and 8 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting, area and the capability of viewing the interpretative display panels from both sides. This facility will be located on a raised area, to the north of the main access trail into Gum Grove Nature Park, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25 -years for a future wetland restoration project, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plans, including Coast Live Oaks around the educational center itself, and Coastal Redwood along the southern side of the main trail into Gum Grove Nature Park. Additional shrubs and grasses include: Western Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of 10 boulders are proposed along the trail from the Seal Beach Boulevard parking area to the Educational Center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. Education Faciliry.P&R Staff Report 4 Proposed Educational Center at Gum Grove Nature Park Recreation Comm sston Staff Report June 25, 2003 As indicated above, John Laing Homes ".. would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on -going maintenance and care." The City will not be responsible for maintenance costs for the facility. Staff has made this point very clear to John Laing Homes and the MLD. RECOMMENDATION Authorize the Chairperson to sign the provided "Memorandum of Recommendation" regarding the educational center, recommending approval of the proposed location and design. Please refer to Attachment 1 to review the proposed Memorandum of Recommendation. e Whittenberg, Director Development Services Departm t Attachments: (4) Attachment 1: "Memorandum of Recommendation" from Recreation Commission to City Council re: Gum Grove Nature Park Educational Center, June 25, 2003 Attachment 2: Proposed Plans — Gum Grove Nature Park Educational Center Attachment 3: Letter from Archaeological Advisory Committee to California Coastal Commission re: "Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California ", Prepared By EDAW, Inc., Dated April 2003 ", dated May 21, 2003 Attachment 4: Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area. Seal Beach, California, Table ES -1, Mitigation Summary, pp vii - x - Education Facilitv.P&R Staff Report 5 Proposed Educational Center at Guns Grove Nature Park Recreation Commission StaffRe'ort June 25, 2003 ATTACHMENT 1 "MEMORANDUM OF . RECOMMENDATION" FROM RECREATION COMMISSION TO CITY COUNCIL RE: GUM GROVE NATURE PARK EDUCATIONAL CENTER, JUNE 25, 2003 Education FaciIiry.P&R Staff Report 6 Proposed Educational Center at Gum Grove Nature Park Recreanon Comm:ss:on Staf Report • 37 June 2, 2003 fit .) y"' "oI RECREATION COMMISSION Memorandum of Recommendation To: Mayor Larson and Members of the City Council Date: June 25, 2003 SUBJECT: RECOMMENDATION RE: PROPOSED GUM GROVE NATURE PARK EDUCATIONAL CENTER The Recreation Commission considered this matter and an accompanying Staff Report - on June 25, 2003. After receipt of public comments and deliberations and discussion among the Commission members, it was the determination of the Recreation Commission to recommend approval of the proposed "Educational Center" at Gum Grove Nature Park, if developed in substantial compliance with the development proposal as outlined below: 0 )5°1 OVERVIEW OF PROPOSED GUM GROVE NATURE PARK EDUCATIONAL CENTER DEVELOPMENT PLAN The proposed facility is to be located within Gum Grove Nature Park, approximately 875 feet west of Seal Beach Boulevard. The facility will be accessible from the new parking area to be provided adjacent to Seal 'Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature Park. The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron Point development and approximately 130 feet from the existing homes along Crestview that back up to Gum Grove Nature Park. _ The facility itself is proposed to be "a low, circular structure with associated landscaping and signs, and will be designed to provide Education Facility F&F. Staff Report Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June :3, 2003 information to visitors regarding Native American culture and use of the area." The inner circular walkway is proposed to have a diameter of 30 feet and a depressed central circular area approximately 12 " -14" deep. The width of the inner circular walkway will be 5 feet. This area is envisioned to be utilized as an informal sitting area for persons who may be attending an interpretative talk by Native American representatives, other wildlife or organized park user groups or as a rest area for persons utilizing the park. A series of interpretative display panels, similar to those seen at National or State Park facilities, will be provided between the inner and outer circular walks. It is anticipated that between 4 to 6 interpretative display panels will be provided. An outer walkway, 5 feet wide, will provide additional resting area and the capability of viewing the interpretative display panels from bots. ht, This facility ill be locate r ' Y raised area, to the north of the main access trail into Gum Grove Nature Park, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, . • including the area that is deed - restricted for 25 -years for a future wetland restoration project, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plans, including Coast Live Oaks around the educational center itself, and Coastal Redwood along the southem side of the main trail into Gum Grove Nature Park. Additional shrubs and grasses include: Western Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, and Mojave Yucca. A series of 10 boulders are proposed. along the trail from the Seal Beach Boulevard parking area to the Educational center that will include plaques describing the historical timeline from the Hellman family involvement with the property back to the use of the area by primitive peoples. - The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. John Laing Homes would construct the approved design and would dedicate it to the City of Seal Beach along with an annuity for on -going maintenance and care. The City will not be responsible for maintenance costs for the facility. The Recreation Commission approved this "Memorandum of Recommendation" by the following vote on June 25, 2003: Educatioc Factlity.P&R Staff Report 8 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 AYES: Commissioners NOES: Commissioners soo'' ABSENT: Commissioners 1019‘P‘ ABSTAIN: Commissioners Chairperson Recreation Commission City of Seal Beach * * * * Education Facihty.P &R Staff Report 9 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June ??, 2003 ATTACE ANT 2 PROPOSED PLANS - GUM GROVE NATURE PARK EDUCATIONAL CENTER • Education Facility.P &R Staff Report 10 - 7, - -‘17.:7:::-. , - . ---.- ...-•,,i,- .. . . ..„-.:: - 7 7 7.4 7 k,,,, ,3., ta,-„, -, > „ 4,,.. i . 4dr 4 .1 r .... :4 ‘••••:,.• , 4 y . - ■.,;;- .. ., ,_ t:1 -- • '' . -■, ) , . . . 0 ''' '1. :tii.' ...* .- "t L • '' 2 ri "'" : """" L "' ' ' - tt: 2 ...' • ' ‘sa.7 ' - r ' - . s. „;i:•..... - - 21 7. 71 !"Z ...,,.. ..."' 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"-- - • , i -.. ...".. ....-- A " "I .. ..: % _ i - . ._.....- - ..' g tit% ' . 11% 4 OP— "Iiiiii Sma t tit ...2 : :(9, , ,7 7 11 , ' .r te,1\)I} � ,�- �7�i� ,...,e,„, - lawsia ,L.. / -- T . _ , ma . r \i' 7\* .. ■cillilli„,„.. ,...__-....„ ..:.-4.._\ • ---""1"1-.4111110 Proposed Educational Cenrer ar Gum Grove Nature Park Recreation Commission Staff Report June ?.i, 2003 ATTACHMENT 3 LETTER FROM ARCHAEOLOGICAL ADVISORY COMMITTEE TO CALIFORNIA COASTAL COMMISSION RE: "MITIGATION PLAN FOR SIGNIFICANT CULTURAL RESOURCE DISCOVERIES, HELLMAN RANCH SPECIFIC PLAN AREA, SEAL BEACH, CALIFORNIA ", PREPARED BY EDAW, INC., DATED APRIL 2003 ", DATED MAY 21, 2003 Education Facihty.P &R Staff Report 11 N _ i - 1 ,v , , + t , r 7f � ' 4 • - - - _ -: _-.._ i . 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May 21, 3003 FIL Mr. Karl Schwing, Coastal Program Analyst State of California — The Resources Agency California Coastal Commission South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 SUBJECT: COMMENTS RE: "MITIGATION PLAN FOR SIGNIFICANT CULTURAL RESOURCE DISCOVERIES, HELLMAN RANCH SPECIFIC PLAN AREA, SEAL BEACH, CALIFORNIA ", PREPARED BY EDAW, INC., DATED APRIL 2003 Dear Mr. Schwing The Archaeological Advisory Committee of the City of Seal Beach reviewed the subject document on May 21, 2003 and is providing the following comments regarding the "Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California ", Prepared By EDAW, Inc., Dated April 2003. The Committee is extremely pleased to see that the subject Mitigation Plan has been reviewed and approved by the State - selected Most Likely Descendent (1VbD ), Anthony Morales, and the property owner, John Laing Homes (JLH). The preparation of the Plan has involved the hard work and agreement between the MLD; JLH; the city archaeologist; and city, Coastal Commission, and Native American Heritage Commission staff. The Mitigation Plan presents a reasoned and balanced plan to mitigate impacts to significant cultural resourbes of the Hellman Ranch property that have been discovered during project grading. Vie Mitigation Plan accomplishes the following actions and activities that are seen by the Committee as beneficial actions and supportable by the Committee: o The setting aside of a "Preservation Area" of approximately 1.28 acres as an open space area, with this area to be utilized as a rem' ternent area for all of the Native Arnencan remains discovered dunng the site Fading activities on the subject inn., n,........ -...- � ei^urnne►n\ i,.l.- i .,_.. u - - -- ....._ -.._- ei -- .. r r- - -- .....,.... _. ._. rn City of Seal Beach ,4rchaeoiogical Advisory Committee Comment Lerner re: "Mitigation Plan for Significant Cultural Resource Discoveries, Hellman Ranch Specific Plan Area, Seal Beach, California" May 21, 1003 property. Existing human remains currently located within this area will not be removed. (Mitigation Measure 2 and 3) o JLH will assist the MLD in the reinterment of burials within this area and will provide funding for appropriate Native American ceremonies to accompany the reinrment ceremony. (Mitigation Measure 16) y P - ❑ Reconff_uration of oil access roads and utility services to eliminate impacts to • remaining undisturbed midden area. (Mitigation Measure 4) in Potential development of a cultural - educational facility within Gum Grove Nature Park. Future designs of this facility to be approved by the City and Coastal Commission. (Mitigation Measure 6) ❑ Establishes an agreed upon methodology for the continued monitoring of grading activities and evaluation processes to be utilized during the remainder of the site grading activities on the property. (Mitigation Measures 5 and 8 through 14) o Establishes additional evaluation analysis that is acceptable to the MLD (Mitigation Measures 15 and 17) ❑ Preparation of required technical reports in compliance with guidelines of the California Office of Historic Preservation (Mitigation Measure 19) and ❑ Establishes a curation program with options for the Gabrielino/Tongva people to consider (Mitigation measure 18). The Committee has also reviewed the peer review comments of Nancy A. Desautels, Ph.D:, Research Director, Scientific Resource Surveys, Inc. and Roger D. Mason, Ph.D., RPA, Director of Cultural Resources, Chambers Group, Inc. The Committee concurs with their suggestions regarding the Mitigation Plan. In reviewing the Mitigation Plan, the Committee has the following comments that the Coastal Commission may wish to consider as it evaluates the document: o It is recommended that the Coastal Commission and Gabrielino/Tongva Tribal Council letters discussed in the "Responses to Comments" section of the document immediately before the "'Table of Contents" be included as appendices to the document. It also appears from the introductory paragraph to this section that there are two sets of comments from the Gabrielino /Tongva Tribal Council, and only one is responded to in this section. This should be clarified and corrected as appropriate. in Responses to Comments — Coastal Commission Letter dated February 26, 2003, Comment 21 — replace "sill" with "will ". ❑ Table ES -1, Mitigation Measure 7 — Revise the first line of this Mitigation Measure to read "Assist in the reinterment of burials within Cum C.ovc Pert: the Preservation Area [JLH will provide funding . ." This will clarify the correct location of the reinterment area. o Table ES -1, Mitigation Measure 19 — Revise the Comments section by adding a second sentence to read, "JLH will implement." This will clarify that John Laing Homes has the financial responsibility to fund the costs of preparation of the final technucal report. Ccty of Seal Beach Archaeological Advisory Committee Comment Letter re: " Mirigatcon Plan for Stgnifcant Cultural Resource Dzscovertes, Hellman Ranch Specific Plan Area, Seal Beach, California " May 21, 2003 o Page 64, Notification of Additional Burials, first sentence — correct reference &orn "NA.HL" to "NAHC". It is the opinion of the Committee that the proposed "Mitigation Plan" provides appropriate discovery and evaluation methodologies for the probable discovery of additional cultural resources and ancestral Native American burials that still may be encountered as part of the construction activities associated with the proposed project, and also provides sufficient safeguards to ensure compliance with appropriate regulatory requirements if an additional discoveries are encountered. The Comruttee believes this Mitigation Plan addresses all issues that can reasonably be anticipated to occur once the necessary construction activities are allowed to be re- instituted on the property. The comprehensive program prepared by EDAW and agreed to by the MLD and JLH outlines a program that, in the opinion of the Committee, the Native American community, the City of, Seal Beach. John Laing Homes, and the Coastal Commission and Native American Heritage Commission can be proud to have participated in and implemented. - If you have any questions regarding this matter, please contact Mr. Lee Whittenberg, Director of Development Services, at (562) 431 -2527, extension 313 or by e -mail at 1whittenberg @ci.seal- beach.ca.us. He will be most happy to respond to any questions or concerns you may have regarding this matter. • Sincerely, Chairpers•n, Archaeological Advisory Committee City of Seal Beach cc: Anthony Morales, Most Likely Descendent City Council City Manager Director of Development Services Gordon Craig, Project Manager, John Laing Homes Jerry Tone, Hellman Properties. LLC Dave Bartlett. Dave Bartlett Associates Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 ATTACHMENT 4 MITIGATION PLAN FOR SIGNIFICANT CULTURAL RESOURCE DISCOVERIES, HELLMAN RANCH SPECIFIC PLAN AREA, SEAL BEACH, CALIFORNIA, TABLE ES -1, MITIGATION SUMMARY, PP VII - X Education Facthty.P &R Staff Report 12 Proposed Educational Center at Gurn Grove Nature Park Recreation Commission Staff Report June 2S, 2003 Table ES -1. Mitigation Summary - Mitigation Measure Comments 1 Prepare a peer - reviewed Mitigation Plan in Completed with the conformance with CDP Special Condition 19.F.1. acceptance of the present document by Coastal Commission. 2 Set aside the Preservation Area as shown in JOH will prepare the . Figure 6 as open- space. No additional burials appropriate legal . will be removed from the Preservation Area, and document dedicating an all burials removed from the Specific Plan Area open space easement in will be reinterred within the Preservation Area at perpetuity for approval by the direction of the MLD. the City and Coastal Commission prior to recordation. 3 Cover Preservation Area with fill contoured to JLH will complete during approximate a naturalistic setting. Plant with construction. Grading and California native plants consistent with the CCC landscape to be approved . approved plant list and approved by the MLD. by City and Coastal Commission staff. 4 Reconfigure the oil access road and utility JLH will complete during corridor on the northern perimeter of the project construction. Grading area - The storm drain line that was originally plan to be approved by proposed for the northern perimeter of the City and Coastal property through ORA -264 will be realigned to Commission staff. avoid the site altogether. Fill will be placed on the northern perimeter to allow the placement of electrical, water, oil and gas, and miscellaneous . utility lines within the fill. This will avoid the need - to excavate utility lines into the undisturbed , midden. The oil company access road will be reduced from 25 feet in width to 17 feet within - the cultural area and would be developed on top of the fill. v Education Faciliry.P&R Staff Report 13 Proposed Educational Center at Gum Grove Nature Park Recreanon Commission Stair Report June 23, 2003 Mitigation Measure Comments 5 Conduct controlled grading of remaining cultural JLH will complete dunng deposit in Lots 13 and 14, directed by the construction. . archaeological monitor and Native American monitor. [Tne cultural deposit in this area is not considered likely to contain human remains.] Treat any cultural matenals in accordance with Mitigation Measures 9 through 13 (below) 6 Develop a cultural - educational center within Pending City and Coastal Gum Grove Park — JLH will retain an appropriate Commission approval, consultant to design this facility in consultation JLH will complete this with the MLD. Designs will be submitted to the measure in conjunction City of Seal Beach and California Coastal with the process of Commission for approval. dedicating Gum Grove Park to the City of Seal Beach and will construct and landscape the center during project construction. 7 Assist in the reinterment of burials within the JLH will complete during Preservation Area — JLH will provide funding for the construction process. a reburial ceremony to be conducted under the . auspices of the MLD and will prepare and backfill reburial pits. Native American monitors will oversee the backfilling. L Education Faciliry.P &R Staff Raport 14 Proposed Educational Center at Gurn Grove Nature Park Recreation Commission Staff Report June 25, 2003 Mitigation Measure Comments 8 Pnor to resuming mechanical grading JLH will implement prior to operations, the developer will develop and restarting grading implement a worker training program. The operations. A qualified program will be designed to convey (1) the consultant will be retained purpose of the cultural resources monitoring, to prepare in consultation including the need for respectful treatment of with MLD and JLH. human remains; (2) the procedures to be employed in the monitoring, including the controlled grading and hand excavation; (3) the authority of the archaeologists and Native American monitors to temporarily halt or redirect grading; and (4) the procedures to be used in . . the event of discoveries. The training will consist of in -field worker orientations accompanied by distribution of pamphlets describing the monitoring and other archaeological procedures. 9 All ground disturbance in any portions of the JLH will implement during project area with the potential to contain human construction. remains or other cultural material will be monitored by the archaeological monitor and a Native American representative of the MLD. 10 When possible burials are identified outside of JLH will implement during the Preservation Area during monitoring of construction. mechanical excavation, or excavation of test units, the excavation will be temporarily halted while the find is assessed in consultation with the lead field archaeologist. If the find is made during mechanical excavation, the archaeologist - or Native American monitoring the activity will have the authority to direct the equipment operator to stop while the find is assessed. If it is determined that the find does not constitute a burial, the mechanical excavation will continue. • r Education Facility P &R Staff Report 15 Proposed Educarzonal Center at Gum Grove Nature Park Recrearton Commcsston Staff Report June 25, 2003 Mitigation Measure Comments 11 If the find is determined to be a human burial, JLH and the City of Seal the lead archaeologist will immediately notify the Beach will implement Site Supervisor for the developer, as well as the during construction. Principal Investigator for EDAW. The Pnncipal . Investigator will immediately notify the MLD and the Director of Development Services for the City of Seal Beach. The Site Supervisor shall ensure that construction grading does not impact the new burial while it is being excavated and removed. As has been done throughout the construction monitoring for the development, the City will provide the Coastal Commission with weekly updates describing the finds in writing. In addition, the MLD will also update the Commission regarding discoveries of human remains. 12 For all discovered human burials, attempts will Qualified archaeologists continue to be made to locate additional burials will be retained to conduct nearby through hand excavation techniques. this program during This will be done through the excavation of 1 x 1 construction. m exploratory test units (ETUs) placed along transects extending radially from each identified burial or burial cluster. The radial transects will be designed to test areas within 50 feet (15 m) from the edge of each burial or burial cluster. Excavation of these units will be limited to areas containing intact cultural deposit (i.e. areas that have not been graded well into the underlying . marine terrace) and will be excavated until the - manne terrace deposits are encountered. The soil from the ETUs along the radial transects will be screened through 1/8 -inch mesh. Wet or dry screening methods may be used, and the soil may be transported to another location on the property for screening. Artifacts and faunal remains (shell and animal bone) will be retained from the.screen, as well as any human remains. 17 Education Facility P &R Staff Raport 16 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 25, 2003 Mitigation Measure Comments 13 Controlled grading will be done with a wheeled JLH will implement with motor grader. The motor grader uses an angled the assistance of qualified blade that excavates 1 to 2 inches at a pass, archaeologists and Native pushing the spoil to the side to form a low American monitors. windrow. Monitors follow about 20 feet behind the motor grader, examining the ground for evidence of burials. When a burial is identified during controlled grading, the soil in windrows that may contain fragments of bone from that burial will be screened. Soil from windrows within 25 feet of any burial will be transported to another location on the property for observation - and screening. If additional burials are found during controlled grading, additional ETUs will be excavated in the radial patterns described above. 14 Outside of the Preservation Area, Native Qualified archaeologists American burials will be carefully and and Native American respectively removed along with the surrounding monitors will be retained soil matrix ( "pedestal ") and placed in secure to assist in the excavation temporary storage pending reinterment within and removal of Native the Preservation Area. All excavation and American burials. moving of Native American burials will be monitored by a representative of the MLD. 15 Additional scientific studies of the Native A qualified archaeologist American burial remains will be conducted at the will be retained to direction of the MLD. undertake these • investigations. Education racility.P &R Staff Report 17 Proposed Educational Center at Crum Grove Nature Park Recreation Commission Sta f Report June 25, 2003 Mitigation Measure Comments 16 Once all portions of the project area have been JLH will implement with graded to a point that is completely within the the assistance of the MLD underlying culturally sterile marine terrace and qualified deposits, the repatriation process will be initiated archaeologists. for all recovered human remains and associated artifacts. Once a reburial site has been identified and prepared, the remains and associated artifacts will be transported from the temporary storage area to the site for reburial. Specific aspects of the reinterment ceremony, - including scheduling and attendees, will be at the discretion of the MLD. Supplies needed for the ceremony, such as animal skins and other materials, will be paid for by the landowner. 17 Additional analyses of non - burial materials - The Qualified archaeologists assemblage of artifacts recovered during the will be retained to conduct monitoring will provide a basis for comparison these investigations with other sites and will contribute to an during and after understanding of regional patterns. Additional construction. Monthly analyses will include approximately 20 additional progress reports will be radiocarbon dates, artifact identifications, filed. obsidian sourcing and hydration if appropriate materials are recovered, and comparative studies. To assess the prehistoric environmental context, two sediment cores will be taken from suitable locations in the lower portions of the property. Sediments in the cores will be examined and described in the field by a geologist, and samples collected for dating and _ pollen analysis. 18 Cultural' materials recovered from the cultural Qualified archaeologists resources monitoring and mitigation program for will be retained to prepare the development will be curated either at an the material for curation appropriate facility in Orange County, or, in and assist in the delivery. consultation with the City, at the San Diego Archaeological Center. The curatorial facility will hold these in trust for the Gabnelino/Tongva people. Educauon Facility MR Staff Report 18 Proposed Educational Center at Gum Grove Nature Park Recreation Commission Staff Report June 5, 2003 Mitigation Measure Comments 19 Within 12 months of completion of the Qualified archaeologists monitoring, a final technical report will be will be retained to prepare submitted to the City of Seal Beach and the the final technical report. Coastal Commission. The final technical report ,1LH will implement the will contain a complete reevaluation of the report preparation. cultural resources within the HRSP area, including discussions of cultural and chronological relationships within regional and tribal settlement systems. The report will conform to the guidelines developed by the California Office of Historic Preservation for Archaeological Resource Management Reports (ARMR). It will be prepared in sufficient quantity to distribute to interested regional researchers and Native American groups. It will thoroughly document and synthesize all of the findings from - all phase of the cultural resources program. • S Education Factlity.P &R Staff Report 19 Proposed Educational Center at Crum Grove Nature Park City Council Staff Report July 14, 2003 ATTACHMENT 6 MEETING NOTIFICATION OF CITY COUNCIL CONSIDERATION, DATED JUNE 30, 2003 Education Facility CC Staff Report 15 City of Seal Beach, 211 8 Street �� °�` mi Seal Beach, CA 90740 g®AM. 56?-431-2527 NOTICE OF MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of Seal Beach will hold a meeting on Monday, July 14, 2003 at 7:00 p.m. in the City Council Chambers, 211 Eighth Street, Seal Beach, California, to consider the following item: CONSIDERATION OF PROPOSED "EDUCATIONAL CENTER" AT GUM GROVE NATURE PARK Request: A request by John Laing Homes LLC for the acceptance by the City of Seal Beach of the placement of an "Education Center" within Gum Gove Nature Park. The initial location of the proposed facility was to be located within Gum Grove Nature Park, approximately 875 feet west of Seal Beach Boulevard. The facility will be accessible from the new parking area to be provided adjacent to Seal Beach Boulevard by a pedestrian trail system that will extend past the facility and into the main area of Gum Grove Nature °Park. The educational center will be located approximately 40 feet from the nearest property to be developed as part of the Heron Point development and approximately 130 feet from the existing homes along Crestview that back up to Gum Grove Nature Park. This facility will be located on a raised area, to the north of the main access trail into Gum Grove Nature Park, and will provide scenic views of the westerly portions of Gum Grove Nature Park, the Hellman lowlands, including the area that is deed - restricted for 25 -years for a future wetland restoration project, and the San Gabriel Mountains in the far background. The facility is to be landscaped with a variety of native plans, including Coast Live Oaks around the educational center itself, and Coastal Redwood along the southern side of the main trail into Gum Grove Nature Park. Additional shrubs and grasses include: Western Rosebud, Toyon, California Grey Rush, Deerg - ass, Chia, Black Sage, and Mojave Yucca. Meeting Notice Gum Grove Park Education Center CC Nonce Notice of Cay Council Meeting re Proposed Gum Grove .Nciture Park Educarzonal Center June 30, 2003 " The facility will not be lighted for evening' or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. The Parks and Recreation Commission considered this request on June 25 and is forwarding the following' additional recommendations to the City Council for consideration of an alternate location that would comply with the following location criteria: 0 Be located closer to Seal Beach Boulevard — suggested location would be located between Seal Beach Boulevard and the slope area between Lots 55 and 68. This would place the Educational Center no further than approximately 400 feet westerly of Seal Beach Boulevard. This would address concerns regarding vandalism, loitering, and unauthorized general public nuisance activities that are of concern to adjoining residents along Crestview Avenue. 0 Be located as to provide a minimum 165 -foot distance from the existing rear property lines of the adjoining homes that are located on Crestview Avenue and back up to Gum Grove Nature Park to the center point of the proposed inner circle of the Educational Center. This would address concerns regarding potential visual and private properly safety concerns . that are of concern to adjoining residents along Crestview Avenue. Applicant: John Laing Homes LLC Owner: . Hellman Properties LLC (Dedication to City of Seal Beach pending) At the above time and place all interested persons may be heard if so desired. A Staff Report is available and may be viewed at the Department of Development Services or at the Office of the City Clerk. The City Council will consider this matter and may take an action to approve, approve with modifications, or deny. Please contact my office at your earliest convenience if you require additional information or have questions regarding this matter. I can be reached at (562) 431 -2527, extension 313, or by e- mail at 1whittenberg @ci.seal- beach.ca.us. Meeting Nonce Gum Grove Park Education Center CC Notice Notice of City Council Meeting re: Proposed Gum Grove Nature Park Educational Center June 30, 2003 DATED This 30th day of June, 2003 e. e Whittenberg, Director Department of Development Services 3 Meeting. Notice Gum Grove Park Education Center CC Notice Proposed Educanonal Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 ATTACHMENT 7 LETTER FROM MR. KRIEGER, 1725 CRESTVIEW AVENUE, DATED JULY 3, 2003 Education Factltty.CC Staff Report 1 KRIEGER & KRIEGER A LAW CORPORATION 249 E. OCEAN BOULEVARD, SUITE 750 TERRENCE E KRIEGER LONG BEACH, CALIFORNIA 90802 • LWDA ANN KRIEGER TELEPHONE. (562) 901 -2500 NELDE JEFF 0 NElDERMAN FACSIMILE: (562) 901 -2522 • Also Aammed m [lino July 3, 2003 John Larson 211 8 Street Seal Beach, CA 90740 Re: Pr000 ''Educational Center" ac Gum Grove Nature Park Dear Mr. Larson: I am a resident of Seal Beach living at 1725 Crestview Avenue. I am greatly concerned about the proposal for an "Educational Center" at Gum Grove Nature Park. Approximately two weeks ago, I voiced my concerns to the Parks and Recreation Commission at a hearing before that body. The Parks and Recreation Commission recommended a site change in the report forwarded to the City Council. However, I will be on vacation during the City Council's meeting on July 14, 2003. Accordingly, I thought it wise to write my concerns in letters to the members of City Council. 'the proposed "Educational Center" would involve an amphitheater built primarily for the benefit of a Native American Tribe that has a site for remains on the other side of the Hellman Ranch project. The proposed "Educational Center" would be used by the Native American Group 2 to 3 times per year. . However, the original site for the "Educational Center" was located just outside the property line of several current residences on Crestview Avenue, including my house. Specifically, the proposed "Educational Center" would have been located on a knoll approximately 70 feet from my property (The staff report claimed 130 feet). The chosen knoll was designed to be a buffer between the Hellman Ranch development and the existing homeowners. This buffer would have been eliminated under the original proposal. Furthermore, the proposed site would have been 875 feet from Seal Beach Boulevard, making it an attractive spot for drinking, John Larson Page 2 July 3, 2003 vandalism, and ocher safety issues. The Hellman Rgan_ch site has already been hit with several bouts of vandalism along Seal Beach Boulevard. There is little doubt that the proposed amphitheater would suffer a similar fate given its remote location. The proposed site was so far from Seal Beach Boulevard that any wrongdoers would have easily run away if the police approached from Seal Beach Boulevard. The chosen route of escape would obviously be the homes adjacent to the amphitheater. In ocher words, people would climb the fence into my yard. Obviously, with two young girls of 6 and 2% years old, I am greatly concerned and dismayed by the proposal to place an amphitheater in this buffer zone. It is my, opinion that John Laing Homes is choosing a site away from its housing development but close to the existing homeowners. Neither John Laing Homes nor the Native American Tribe are constituents of Seal Beach. However, the existing homeowners are your constituents. No matter how the cause of the Native American Tribe, their desires for proper treatment of their ancestors' remains should not result in security and trash problems for the existing residents. I implore you not to allow the "Educational Center" to be located on the knoll 875 feet from Seal Beach Boulevard and immediately adjacent to the existing homeowners' property lines. Safety concerns for the existing homeowners should be the number one priority in evaluating John Laing Homes' proposal. Thank you for your consideration of my letter, and I apologize for being unavailable to attend the City Council Meeting. Very truly yours, TERRENCE :. KRIEGER TBK:ai Proposed Educational Center at Gum Grove Nature Park City Council Staff Report July 14, 2003 ATTACHMENT 8 LETTER FROM JOHN LAING HOMES RE: GUM GROVE PARK - EDUCATION CENTER - A1NTNUITY, DATED JULY 10, 2003 Education Facilm Staff Report 17 • =Now • John Laing Homes Hand crafted since 148 • July 10, 2003 City of Seal Beach City Hall - 211 Eighth Street Seal Beach, CA 90740 -6279 Re: Gum Grove Park — Education Center — Annuity To The Honorable Mayor and City Council of the City of Seal Beach; This letter will confirm the intent of John Laing Homes to design and construct an educational center within the Gum Grove Park extension area. The design of the facility will be coordinated between the City of Seal Beach and Gum Grove Park Advisory Committee, The California Coastal Commission as well as the Most Likely Descendant of the Gabrielino/Tongva Native American group. This facility will be dedicated to the City of Seal Beach along with an annuity to provide all on -going costs for maintenance and care. John Laing Homes is currently conducting a study as to the anticipated costs for maintenance. Once this study is complete and the costs are known and agreed to, John Laing Homes will provide an annuity, in a form and content acceptable to the City Attorney to guarantee the lone -term maintenance of said education center at no cost to the City of Seal Beach. Should you have any questions, please feel free to contact me. Sincerely, Tat Larkin Pat W. Larkin John Laing Homes Land Development Manager 895 Dove Street Suite 200 Newport Beach CA 95660 tel 949- 205 -2400 fax 949-265-2500 www johnlainghornes.com Proposed Educational Center at Hellman Ranch City Council Staff Report September 22, 2003 ATTACHMENT 4 MEETING NOTIFICATION OF CITY COUNCIL CONSIDERATION, DATED SEPTEMBER 2, 2003 Education Facility.CC Staff Report 2 18 , City of Seal Beach, 211 8 Street ® ® ® E' E ®_ Seal Beach, CA 90740 ® ® 562- 431 -2527 NOTICE OF MEETING - NOTICE IS HEREBY GIVEN that the City Council of the City of Seal Beach will hold a meeting on Monday, September 22, 2003 at 7:00 p.m. in the City Council Chambers, 211 Eighth Street, Seal Beach, California, to consider the following item: CONSIDERATION OF PROPOSED ALTERNATE LOCATIONS FOR AN "EDUCATIONAL CENTER" ON HELLMAN RANCH Request: A request by John Laing Homes LLC for the acceptance by the City of Seal Beach of the placement of an "Education Center" within the Hellman Ranch Specific Plan Area. Overview of Proposed Alternative Locations for the Education Facility (Option C and Option D Locations: One location is• immediately west of the "pocket park" within the residential development (Option C), and the other location is within the pocket park itself (Option D). The Native American representatives are not supportive of the Option D location within the pocket park as it places the facility immediately between large two -story homes. The location to the west of the pocket park is more preferable to the Native American representatives due to the following considerations: ❑ The location is of high preference to the Native American representatives as it is approximately 680 feet away from the Crestview homes, is located within the culturally significant Landing Hill complex, provides an excellent viewpoint over the future wetland restoration area, and provides a direct view towards the "Puvunga" site in Long Beach. ❑ The site will be located on a terrace approximately 4 -6 feet lower than the back yards of the Heron Pointe homes facing the wetland area, allowing for sufficient landscape screening. ❑ The site would be accessed from the main trail through Gum Grove Park with a narrower "spur trail" at this time. Ultimately, this spur trail could be the starting • point for an ultimate trail system around the entire 100 -acre restored wetland area. The Coastal Commission made it very clear during their discussion of the education facility that the only access to the education facility cannot be through the residential development. The facility is to be landscaped with a variety of native plans, including Coast Live Oaks around the educational center itself, and along the southern side of the main trail into Gum Grove Nature Park. Additional shrubs and grasses include: 1 Notice of City Council Meeting re: Proposed Hellman Ranch Educational Center September 2, 2003 Western Rosebud, Toyon, California Grey Rush, Deergrass, Chia, Black Sage, • and Mojave Yucca. The facility will not be lighted for evening or night use and will not have bathroom facilities. It is envisioned as a very passive area that will be utilized for various interpretative, educational and recreational activities. ' The Parks and Recreation Commission will consider this request on Septemberl 0 and is being requested to forward a recommendation regarding the alternate ' locations discussed above. The Parks and Recreation Commission may make recommendations regarding other locations or aspects of the project, and the City Council Staff Report for the September 22 consideration of this matter will include a discussion of the recommendations of the Parks and Recreation Commission. Applicant: John Laing Homes LLC Owner: Hellman Properties LLC (Dedication to City of Seal Beach pending) At the above time and place all interested persons may be heard if so desired. A Staff Report is available and may be viewed at the Department of Development Services or at the Office of the City Clerk. The City Council will consider this matter and may take an action to approve, approve with modifications, or deny. Please contact my office at your earliest convenience if you require additional information or have questions regarding this matter. I can be reached at (562) 431 -2527, extension 313, or by e- mail at 1whittenberg @ci. seal- beach.ca.us. DATED This 2nd day of September, 2003 4 Whittenberg, Director epartment of Development Servic - s • . 2 �� �.- t - er7 `- ^,• P ^S: ;xs_ •7�¢ _ Y .e ^- i� 'fir I' 7 r i * T . ; s��p* a7 +.W� �j y.. �. '�z r : -''' „3 .•. = t£ MP ' - �.�y - y e ` k. , ' F T fY '4 A' ¢ i r i,.,i- ri., i =f e z • ' S . � :., Y fir r : i _ " z s , a t-' - .te e, } ' ` , � ' , r ' d3i �. l " '4Y , I :1 '14i` :. -'' 4! t Y ` „' F '"1 - � ate W sp a ,t,�, # i �. fi Z. �. it t. Yk�¢ 2 x,. `�,^��' *'' ��v ," -i !i V '' G e -"?� 1 J '' Mir Y '3,`� 5 v '' i' .! ' O . . _ .�r ` '7 r- T J 2 , E R � 4 � " .: x.c ..� . 1 4-4=y, p,,- T 3 .^'.�„ Wz '; :4 s ,•. . erg �: -O/p W .. ` � . ' *' . �' T , t y 5' „". k . t � -. ; ,t �� *'�, :f !C 'h ; e� ' ` F — ' � . �� , I , � 5 3` � .' � t n i s Y S �' ;'A* 1: 7` � .�`' ..�9 v { -a � U�rrl; F .. + . {' ^ `r- -,j0. -U =Z� +.r -mss.:: �'' ^7' ^,., - ''# .V, -...- & , ,.r . - �K., y r z i -' '' _,F, V2 .TT' = . G b. A-6. `}- - .*,. TSe� k ' Y'7 s � 1 1 1:1 c : {;l 1 r" . ' ri ,; 5 �XJ : ,''/' : 5 -4 t4 '3 �i'��44ec.�'�+� .� 7. Y � �a� � r t-rs -. .� ` � •- -,{`k ,1�i �� .r : � ;bt' � ��;�,''4 -� ` . i , s �'. :z : r � : a 7 . y fi r ^?" 3 !y � a ' F € 7w ' t s:. C LL -2. EI GHT STR °' Ira a'ti i r. : tit ' k � ' T - s... } ` '� -� x ' I- " v' � :' ` ' j' _ f ri 't " r ' ? S P G�K E- *.4, r 9o4 ,,044 e mow; R - f� ��. r r. �s .� •. w �' •a- �= ik ',"1 (,' + Ai ( i ce." E r',... `3 q 41+ � � .^ ^b'f' 7 - t ;r•- .E -Rtk -tea?,' i s ".'.. ; ?W-g �1Tr-:=" - rw.. :. y •�p R•Y - r ..w - �: tarr-f Y +nst,,F)"'?e • -. .., += ,....,-v7,= -` 'r. K `" 4.',.a..:4-:_g_. Y'7.. :r °�.-. 's? _ - ;,..�- ^ .(,-.1t -,-. y • 'r-3` :. a ,x ..,..,:.-,-,4-4..;•:_,..--f../. 2i'. rj;:?c�2f: -+a t , .a • -+t:yx;..,' ��_ " •' �- ,+. '�e':,- ' ' 14 - x's r ;,�- 1 ;. - , - : S .}i�s� Cv� ` ' s l PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH - I am employed by the City of Seal Beach, in the County of Orange, State of California. I am over the age of 18; my business address is 211 Eighth Street, Seal Beach, California 90740. On Sp p . a as. d 3 , I served the foregoing document described as: 1 1 Notice of Public Hearing for: 'ec as 'c k� e t c & t cc . Cc j&ec Address: eA\..tiv\rkr■ nc-C\ P( ec — on all interested parties in this action by placing the original /a true copy thereof enclosed in sealed envelopes addressed as follows: S -ee C L e di .._ &\ - BY MAIL. I am readily familiar with the City's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the United States Postal Service (USPS) on that same day with postage thereon prepaid at Seal Beach, California in the ordinary course of business. I am aware that, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. Executed on �cf. .- 'a- .0 0 % , at Seal Beach, California. t I declare under penalty of perjury under the laws of the State of California that the above , is tale and correct. . r Q S% , , 1v2,.‘ ITW " L_ . Signaurre Printed Name for the City of Seal Beach Planning Department .