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HomeMy WebLinkAboutCC AG PKT 2003-07-28 #E • Seal Beach, California July 14, 2003 The City Council of the City of Seal Beach met in regular 'adjourned session at 6:30 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Doane, Larson Absent: Councilman Yost Councilman Yost arrived in approximately ten minutes and joined the Council in Closed Session. Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session pursuant Government Code Sections 54956.9 (a) and (b) and 54957.6 to confer with legal counsel relating to anticipated and existing litigation, and to confer with the City's labor negotiator relating to Management and Mid - Management employee benefits. The • Council adjourned to Closed Session at 6:31 p.m. and reconvened at 7:00 p.m. with Mayor Campbell calling the meeting to order. The City Attorney reported that the Council had discussed the items identified on the agenda, gave direction with regard to the existing litigation item, no other reportable action was taken. ADJOURNMENT By unanimous consent, the Council adjourned the meeting at 7:01 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF -SEAL BEACH. Council Minutes Approved: • • Agenda Item E 4111 Seal Beach, California July 14, 2003 The City Council of the City of Seal Beach met in regular - session at 7:01 p.m. with Mayor Campbell calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Campbell Councilmembers Antos, Doane, Larson, Yost Absent: None Also present: Mr. Bahorski, City Manager ' Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Dancs, Director of Public Works /City Engineer Chief Sellers, Police Department Mr. Vukojevic, Deputy City Engineer Ms. Yeo, City Clerk APPROVAL OF AGENDA Mayor Campbell noted that Item "BB" relating to Determination of General Plan Conformity with regard to the Bolsa Chica Street Waterline Easement (Brightwater Proposed • Water Transmission Line Route) was being removed from the agenda, and the City Manager clarified that the Southern California Water Company had forwarded a letter withdrawing their appeal of the decision of the Planning Commission that denied General Plan conformity. Mayor Campbell recalled that several years ago when the Bolsa Chica project was proposed this City joined a lawsuit to fight that project, one thing missing from the EIR was traffic implications on Seal Beach, this proposed line would have gone down the easterly boundary of Seal Beach to supply - water to the Bolsa Chica project, however it was felt inappropriate to provide water to a project that the City is on record as opposing. Councilman Antos stated it was necessary for him to abstain from voting on agenda Items "F" and "V ", and requested that Items "R" and "X" be removed from the Consent Calendar for separate consideration. Yost moved, second by Antos, to approve the order of the agenda as revised. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ANNOUNCEMENTS Mayor Campbell called attention to the upcoming Clean -Up Week from July 22nd through July 26th at the Public Works Yard, and noted that this may be the last of the cleanup program as a result of many new regulations. The Mayor also mentioned that an Eagle Scout celebration was held recently at the Fire Station during which a flag was - 1111 presented to the City in remembrance of September 11th depicting the Twin Towers and the Pentagon which she displayed. • Page Two - City Council Minutes - July 14, 2003 PRESENTATION - ORANGE COUNTY REGIONAL AIRPORT AUTHORITY • The Mayor noted that Seal Beach is a member of the Authority, of concern is that the City was in support of an airport at El Toro, if that does not occur the residents of that region will be traveling the 405 Freeway en route to ' ""Los Angeles International which could impact College Park East by loss of homes should the 405 be widened, since it now appears that El Toro will not be an airport it is necessary to look at:alternate forms of transportation to get that traffic to other airport facilities such as Ontario, the presentation relates to one means of doing so. * Mr. Jack Wagner, Executive Director of the OCRAA, stated there is a crisis of mobility in Southern California separate from the issue of a shortfall of air transportation, there is also an issue of ground transportation demand, the ability to get people and cargo to and from places, much of the air passenger demand actually comes from South Orange County and with the limits on John Wayne Airport that means more people traveling through North County to access airports. * He mentioned that with the passage of Measure W other solutions are being looked at that make sense to help solve the overall transportation problem. * Mr. Wagner said his presentation would focus on a significant problem that exists between Orange and Riverside counties which is the 91 Freeway where peak 4111 traffic is now four hours in both the morning and afternoon, traffic will double on that Freeway over the next twenty years from the current 230,000 - vehicles a day to over 430,000 per day, trucks comprise ten percent of the trips are expected to expand, the 30,000 number will double to 60,000 by year 2020. * There is very little land remaining adjacent to the 91 Freeway, specifically through the canyons, making widening or doubledecking an economic and engineering challenge or better described as a nightmare, it is believed that the limits of the canyon areas have been reached. * A statement was made at the Orange County Economic Seminar that the economic outlook for the County is good for the next year, yet in the next five to six years unless the jobs /housing imbalance between Orange and Riverside Counties is solved and additional corridors are created there will be economic chaos, a recession situation similar to that of 1991 because businesses are going to leave and there will be a downward spiral. * This needs to be looked at as a region, cities and counties can not solve this problem alone, there needs to be a regional approach, there needs to be an "" additional corridor between the two communities in order for the local economy to work, solutions that • make sense have to be implemented quickly, and the Page Three - City Council Minutes - July 14, 2003 • time it takes to get a transportation solution approved is extensive and sometimes never gets done, but this problem needs to be solved and quickly. * Proponents for an additional corridor are looking at what is needed and what objectives it must meet, additional access needs to be provided between the two counties, it must be economically sound, based on no new taxes, environmentally acceptable otherwise it will not get approved in time, it must not disrupt existing traffic, must be completed by 2010. * Mr. Wagner stated that this proposal is called the Tri Tunnel Express, a three tunnel system, ten to twelve miles long between Riverside and Orange Counties, paid for by users, not taxpayers, it would be capable of supporting many users, cars, trucks, rail, water, power, and other utilities. • * Be displayed a map of the areas of the 91, 55, and 57 freeways, the areas of bottleneck and gridlock, the tunnel would connect at the I -15 at Cagalco Road, two weeks ago the County of Riverside approved the Cagalco Road expressway which will be capable of taking cars to Beaumont which then goes to Palm Springs and the River, the line ends at the intersection of SR -241 and the 133, the heart of the business district in central Orange County, currently workers travel sixty -five to seventy -five miles at very low speeds, this project • would cut twenty -five miles off of that trip and transverse them through at high speeds. * The tunnel would consist of three tunnels, at one side .the tunnel would accommodate a twelve foot diameter water line, that brings water from Lake Matthews to central and south Orange County, Matthews water is dedicated to those areas of the County where so much of the growth is taking place yet the problem has been that they have not been able to find a way to get the water from Matthews to that area, this will solve that problem, above the water tunnel is a truck conveyer system somewhat like a conveyor train, no driving, no fumes, above that is the capability for a high speed rail system, it is not an integral part of the tunnel proposal yet the capability is there. * The other two tunnels are forty -five feet in diameter," one for eastbound traffic, one for westbound traffic, an important safety consideration, on the bottom of the tunnel there is a fresh air duct for incoming air and at the top the exhaust air is- pulled out, because of the need for moving goods and people this project will provide use for fiber optics, oil pipeline, and a . pipeline to bring brine water from the Salton Sea to the ocean, there would be emergency turnouts for vehicles in the event of a problem, it is designed for smooth flow. • * The design is the result of prominent engineers 4111 throughout the world who worked on the tunnel systemsin Europe and in China.- Page Four -'City Council Minutes - July 14, 2003 * A photo of the tunnel boring machine was shown, a 1 11 1 thirty -six foot diameter machine, the one to be used on this tunnel will be forty -five feet and when the feasibility work is done it will be a fifty -five foot machine, a phenomenal device, the machine has been shown - on the History channel, the story of the Chunnel, fortunately the Cleveland National Forest is hard rock which makes this type of machine ideal as opposed to the problems that were encountered going under a twenty -six mile channel with chalk -like earth underneath the surface and concerns with regard to water coming in. This is off - the -shelf technology, it is not something new, it is merely because people are not used to tunnels this size in this part of the States. * The tunnel will be capable of vent scrubbing vehicle -: • emissions, the process is that air is brought in from underneath the cars, blowers and exhausts pull the air - up from the vehicles, blow it to the end of the tunnel to two towers that vent out, however before the emissions are vented the air is scrubbed and cleaned of ninety -five percent of the vehicle emissions, a comparison can be drawn with an at- ground level situation where emissions are going directly into the air. * There is an approximate nine hundred foot drop between the tunnels, that is important because the one tunnel not only accommodates the water pipe, the drop will 1 11 1 generate fourteen megawatts of power which is about three times the amount of power necessary to operate the equipment associated with the tunnel and the _excess can be sold, a source of revenue plus the lease of the line. * The estimated cost to build the tunnel.is $3 billion, it is not taxpayer dollars, the source of revenue will make this attractive to private individuals who seek to make an investment to get a return on their bonds based on the profitability of the tunnel. The tolls are conservatively low as compared to the existing toll system, weekday autos would generate $108 million per year, weekend tolls will generate $18 million, in discussions with the trucking.industry it was said that the $8 toll each way was very low and they would be willing to go to $15 because of the time and fuel savings, that would generate another $73 million, the water transmission lease generates $30 million, the electricity transmission lines generates $35 million, the other users, fiber optics, oil, gas, and brine line generate another $40 million, this is $304 million in revenue per year. * The study has to demonstrate that the tunnel is feasible and economical, if it is not then bond investors will not invest in it, this will pay for itself without taxpayer money. * Mr. Wagner said in summary, there is a serious problem • with mobility, it will reach crisis proportions, this • Page Five - City Council Minutes - July 14, 2003 • project is environmentally sound, it goes underneath the Cleveland National Forest, does not disturb the habitat, it is financed, built, and paid for by users, not taxpayers, can be completed by 2010, the thirty - six mile Chunnel was completed in three years, this is ten to twelve miles and can be completed 'in a like time once approvals are granted. This is good for the economy, good for the region, and makes sense, OCRAA has been looking for a good transportation solution since 1974, the focus then turned to El Toro, with the passage of Measure W the outlook for an airport at El Toro is an extremely low probability, therefore there needs to be another solution, the tunnel will provide access to Ontario and March Air Force Base if El Toro is not available, if El Toro were to become an airport the tunnel stands on its own merit, is needed by all in Orange County. Mayor Campbell thanked Mr. Wagner for his presentation. She noted that the source of the growth in South Orange County is the children that were raised in North County cities like Seal Beach, are now married, have children, and are buying in South County were there is new housing development and more affordable than North County. PUBLIC COMMENTS Mayor Campbell declared the public comment period to be open. Mr. Bill Ayres, President of the 10K Run Committee, reported that the Committee recently awarded $27,000 in • grants to the community as a result of the April Race. Mr. Ayres stated that the 10K is the result of benefactors from this area, merchants that help sponsor the event, and over two hundred volunteers, all putting something back into the community, the community is quaint, people work hard to keep that way, part of that is the volunteerism, giving something back, that is what the Committee wants to speak to. Ms. Elizabeth Kane, 7th Street, 10K Committee member, noted that in 2003 the Committee implemented a new grant request program which has turned out to be a great success, there were over twenty -two requests from eleven organizations totaling over $150,000 for recreational programs, services, and /or facility upgrade needs, unfortunately there were not monies available to fund all requests, yet $27,000 was available this year, more than double what there has been available to give back to the community in the past. Ms. Kane noted that this year the monies were given to a number of community groups and a broader range of people than before, the 2003 recipients have been notified, they include the Seal Beach Pony Baseball League, the Los Alamitos Track and Field Booster Club, Los Alamitos Pop Warner Football, Seal Beach Recreation Department, Project Seek at McGaugh, and the College Park East Neighborhood Association. Ms. Kane apologized for not having the ability to fund the remaining requests, however suggested that there is next year. She mention too that the 2004 Run will be held on Saturday, April 3rd, it will be the 30th Anniversary, and there will be the addition of a wheelchair and handcart race to draw 1111 an even more diverse group of individuals to join the community and annual Race, a group race for ten or more individuals will also be included. Ms. Kane expressed • Page Six - City Council Minutes - July 14, 2003 appreciation to the community, the Council, the City for 1 111 its support, it is hoped it is realized that the efforts go back to benefit the community and programs. Mr. Mike Narz, Cottonwood Lane, expressed appreciation to "the Council for allowing the Lions Club to host fifty -nine consecutive Fish Fry events, and reminded that the next Lions Club Fish Fry will be held on the upcoming weekend at the pier. Ms. Joyce'Parque, Seal Beach, distributed photos of groupings of newsracks on Main Street, over a hundred within three blocks, and claimed that it has been a couple of years since a request to prepare a newsrack ordinance in order to limit the number of racks. She noted that she has brought up the issue of landscaping on Main Street, there are some new trees however they are not being watered yet today the sprinkler systems were being worked on, it is too late for these trees so more will have to be bought, there are still weeds on Westminster and on Seal Beach Boulevard, new plants and trees are not being taken care of. Ms. Parque made reference to the Redevelopment debt and revenues, the debt is $9.2 million, the revenues from the Redevelopment areas is a little more than $1.1 million, the interest on bonds is $742,958, the twenty percent low/ moderate setaside is $271,890, the rental assistance fund is $120,000, the penalty is $60,000, staff time is $15,000, school monies are $45,000, and legal services are $45,000, there is not enough money to pay for what is required, it is hoped there is some money from the bond sale because City revenues should not be used. Ms. Parque claimed that there have been two home sales, one on First Street was 1 11 1 $985,000, it is an Agency project area, the property taxes will be $9,850, a sale on 8th Street was $926,000, the property tax will be $9,260, from the property in the Agency area the City will receive $20, the remainder goes to the Agency. She asked what the people in Old Town are getting for their money, they are getting programs established by the Agency that were only sent to everyone in the Trailer Park, if a person qualifies there are free improvements to their home under the Home Improvement Program, $10,000 is free and $50,000 is a loan if one qualifies, or possibly to even buy a home, again, notices of these programs need to go to everyone, not just the Trailer, Park, this free money is going to go for new kitchen cabinets, granite counter tops, and stainless steel refrigerators. Ms. Parque also said that when people in the Trailer Park want to sell their home they must first notify the Redevelopment Agency who may buy the home and resell it. She asked how many programs will the Agency take on, and the people in the community are paying for them. Councilman Yost inquired as to the status of the newsrack ordinance. The City Manager responded that the ordinance has been completed, staff is proceeding to set up meetings with the newspapers, it is a process of negotiation and establishing location standards, it is a number one priority, it is assumed it will be done fairly quickly as it is very similar to the Buena Park ordinance. Mr. Doug Korthof, Seal Beach, stated that the Trailer Park is -- important to all of Seal Beach, there is a Park in 1 11 1 Huntington Beach that is under assault, it is not unique Page Seven - City Council Minutes - July 14, 2003 1111 that the Trailer Park is a target for development. Mr. Korthof expressed pleasure with the settlement agreement on the Hellman mesa, the community can be proud of the developer and the City government for this agreement, with the exception of a few problems being worked out it appears — that everyone is happy with the agreement, it is believed it will be an asset to the developer, Heron Pointe will be an asset to the community, the ceremonial cemetery will be an honor to Seal Beach, the interpretative Center which will be located behind a locked gate on top of the mounded area, an asset for children to learn about the heritage and history of ten thousand years, they can come to this site and see what was so important to the Native Americans that were here for so many years. Mr. Korthof acknowledged that there are some issues that have to be resolved, one being security as Gum Grove Park is a dawn to dusk nature park, Park in its expanded mode must have access from Seal Beach Boulevard during daytime hours but not at night, it needs to be closed at night, even if the parking area needs to be open entry to the Park must have a locked gate, the same with the gate at Avalon, the Educational Center is where children will learn about native plants, the nature of the oak tree, the four plant groupings, and be able to see the burial grounds, the village site, wetlands, the ocean, and the relation of all of those things to how these people lived up and down the coast. Mr. Korthof mentioned that Chief Anthony Morales of the Gabrieleno /Tongva Tribal Council was present to address the Council as the most likely descendant. It was pointed out that the Educational • Center site is a new business item, to that the Mayor determined to allow public comments to that item at the time it is considered. Mr. Andrew Chermak, Ocean Avenue, said he wished to address the death of his dog, Katie, on July. 4th, the illegal fireworks activity that caused it, and what can be done to suppress this activity in the future. Mr. Chermak stated he had made plans to attend a fireworks activity elsewhere, he locked his dog in the house rather than leaving her in the yard, he was away less than four hours however upon arriving home his dog was gone, that would have only happened if she were completely terrified by the fireworks going on in the neighborhood. He said that after searching throughout the night to no avail the next morning he received a telephone call from a person a mile away on the other side of town who informed him that his dog was found in her flower bed by the front door. Mr. Chermak said his dog died from exhaustion, terrified, and in agony, this was not an accident, people of Seal Beach who detonated illegal fireworks all over the City whether through malice or ignorance or both are fully and directly responsible. He offered that there is much that the citizens and law enforcement officers can do to suppress illegal fireworks activity in the City if there is ' will to make it happen, this could be done by proactive, preempting policing, a newspaper reported that thirty -three calls were made to the police about illegal fireworks yet no arrests were made, this suggests a reactive enforcement policy, officers could walk a neighborhood, door to door, remind residents that fireworks are illegal, and indicate • 1111 that arrests would be made, parties and gatherings should receive special attention, police should take extra time in the alleyways, carry bikes in their patrol cars and ride Page Eight - City Council Minutes - July 14, 2003 them, another means would be an aggressive public 1 11 1 information campaign, these problems are only serious during the 4th of July and New Years eve, in the days leading up to these holidays the City government could post large and prominent signs at entry points and throughout " the City informing people of the illegality of fireworks and subject to arrest for violation, they should not be permanent signs as they then blend into the landscape, put them up just before and take them down after these holidays, another would be proactive citizen patrols as it is not enough to say it is the job of the City or the police to.solve all problems, police can not be everywhere all of the time, as individuals the citizens could call the police at the first sign of fireworks or form volunteer groups to patrol the streets throughout the holiday period, non - uniformed citizens armed with video cameras and cell phones could be an effective deterrent against this type of behavior, also proactive data gathering, do a survey questionnaire, canvas the neighborhoods.to determine if there are hot spots for this activity which would enable the police to better deploy their assets. Mr. Chermak requested that the Council and public have an open discussion on this issue and then take action. Councilman Antos reported receiving a number of telephone calls on July 4th evening with regard to fireworks activity at the beach, on Electric Avenue, Seal Way, and other areas. He noted that this year the City did not put out signs to alert people that fireworks are illegal in Seal Beach, in the past they have been put up about a month 1111 before, some people thought possibly the City had changed its policy since there were no signs, irrespective, his belief is that the City needs to put up signs, get them up early, permanently or temporary, there needs to be active enforcement by police and fire, a few citations will pass the word, there were not only safe and sane fireworks that are still sold in other cities but illegal fireworks as well, and most fires this time of year are the result of fireworks. Mayor Campbell too told of an incident several years ago in College Park East where a house went on fire almost immediately as a result of fireworks. There being no further comments, Mayor Campbell declared the Public Comment period to be closed. COUNCIL ITEMS - RESOLUTION NUMBER 5134 - MAYORAL APPOINTMENTS Doane moved, second by Antos, to adopt Resolution Number 5134 as amended to reflect Mayor Campbell as the representative to the Orange County Sanitation District and Councilman Yost as the alternate representative, Councilman Doane as the representative and Councilman Yost as the ' alternate representative to the West Orange County Water Board, Councilman Antos as the representative and Mayor Campbell as the alternate representative to the Southern California Association of Governments, Mayor Campbell as the representative and Councilman Larson as the alternate representative to the Orange County Division of the League -• of California Cities, Councilman Yost as the representative and Councilman Antos as the alternate representative to the 1111 Santa Ana River Flood Protection Agency, and Councilman • Page Nine - City Council Minutes - July 14, 2003 • Larson as the representative and Mayor Campbell as the alternate representative to the Orange County Fire Authority, in addition, that Councilman Doane be designated as the representative to the WestComm Joint Powers Authority Board, that Councilman Antos be designated as the ' "`"representative to the Orange County Library Board and Mayor Campbell as the alternate representative, and that Mayor Campbell be designated as the representative to the Orange County Regional Airport Authority. Councilman Antos requested background information relating to the Orange County Library Board. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Councilman Antos noted that in the past there has been information generated from the various boards on which members of the Council serve as representatives however the information is not disseminated to the Council as a whole, to that he requested that possibly the agendas for those agencies be passed on to the City Manager for distribution to the Council. APPOINTMENTS - BOARDS and COMMISSIONS The Mayor and members of the Council stated they wished to reappoint the persons who currently serve on the various boards and commissions. Yost moved, second by Antos, to reappoint Keith Dixon, William Hoy, Richard Coles, Bruce Fitzpatrick, and Robert "Gene" Vesely to the Archaeological • Advisory Committee for the term of one year expiring July, 2004, that Terry Barton be reappointed as the District One representative to the Civil Service Board for the six year term expiring July, 2009, that Phil O'Malley be reappointed as the District Two representative to the Environmental Quality Control Board for the four year term expiring July, 2007, that Carla Watson and Andy Rohman be reappointed as the District Three and District Five representatives to the Parks and Recreation Commission for the three year term expiring July, 2006, that Phil Ladner be reappointed as the District Five representative to the Planning Commission for the four year term expiring July, 2007, that Margene Walz be reappointed as the District One resident member and Virginia Burroughs as the business member of the Project Area Committee, and Loydeane Lazich and John O'Neil be reappointed as District Three resident members, all for the two year term expiring July, 2005. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - VOTING DELEGATE / ALTERNATE ' Yost moved, second by Antos, to designate Mayor Campbell as the voting delegate and Councilman Larson as the alternate voting delegate for the League of California Cities Annual Conference in Sacramento from September 7th through • September 10th. • • AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried Page Ten - City Council Minutes - July 14, 2003 CANCELLATION OF COUNCIL MEETING 1 11 1 Larson moved, second by Doane, to cancel the regular City Council meeting of September 8th, 2003. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None - Motion carried APPOINTMENT - REPRESENTATIVE - ORANGE COUNTY TRANSPORTATION AUTHORITY - GROWTH MANAGEMENT AREA Councilman Antos again stated that he would abstain from all discussion on this item in that the department in which he is employed at the County works with the Orange County Transportation Authority and the Growth Management Areas. Councilman Antos left the Council Chambers. Larson moved, second by Campbell, to approve Mayor Campbell as the representative and Councilman Doane as the alternate representative to GMA 2 and GMA 6. AYES: Campbell, Doane, Larson, Yost NOES: None ABSTAIN: Antos Motion carried CONSENT CALENDAR - ITEMS "G" thru "Y" Doane moved, second by Yost, to approve the recommended action for items on the Consent Calendar as presented, except for Items "R" and "X ", removed for separate consideration, and the record'reflect the abstention of Councilman Antos from voting on Item "V ". Mayor•Campbell read the title of each item listed on the Consent Calendar. G. Approved the waiver of reading in full of 1 11 0 all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. H. Approved regular demands numbered 42297 through 42746 in the amount of $2,493,601.93, ADP payroll demands numbered 4299101 through 4560404 in the amount of $440,100.94, and authorized warrants to be drawn on the Treasury for same. I. Approved the minutes of the regular adjourned and regular meetings of June 9, 2003. J. Received and filed the staff report and authorized the Mayor to sign the letter of support for the Orange County 2003 Continuum of Care Program. K. Received and filed the Monthly Investment Report for May, 2003. L. Adopted Resolution Number 5135 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY -- -- OF SEAL BEACH, CALIFORNIA, SETTING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2003 -04." 1 11 1 By unanimous consent, full reading of Page Eleven - City Council Minutes - July 14, 2003 • 4111 Resolution Number 5135 was waived. -M. Authorized the sale of surplus property by means of auction. - N. Adopted Resolution Number 5136 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING AND FILING THE ANNUAL STATEMENT OF INVESTMENT POLICY AND GUIDELINES FOR THE FISCAL YEAR 2003/2004." By unanimous consent, full reading o,f Resolution Number 5136 was waived. 0. Adopted Resolution Number 5137 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY EMPLOYEES ASSOCIATION AND REPEALING ALL - RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 5137 was waived. P. Adopted Resolution Number 5138 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING REVISIONS TO WAGES AND BENEFITS FOR MANAGEMENT AND MID - MANAGEMENT EMPLOYEES AND REPEALING ON THE EFFECTIVE DATES SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." • By unanimous consent, full reading of Resolution Number 5138 was waived. Q. Adopted Resolution Number 5139 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING HOURLY WAGES FOR PART -TIME EMPLOYEES AND REPEALING ON THE EFFECTIVE DATES SPECIFIED ALL RESOLUTIONS IN CONFLICT THEREWITH." By unanimous consent, full reading of Resolution Number 5139 was waived. S. Adopted Resolution Number 5142 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #50099, THE ANNUAL PAVING REHABILITATION PROJECT FY 2003, COLLEGE PARK DRIVE FROM HARVARD LANE TO NORTH HARVARD LANE, ENTERED INTO BETWEEN PALP, INC. DBA EXCEL PAVING CO." By unanimous consent, full. reading of Resolution Number 5142 was waived. T. Adopted Resolution Number 5143 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #50025, THE CONSTRUCTION OF SEAL BEACH BOULEVARD BIKE LANE AND STORM • DRAIN PROJECT, SOUTH OF WESTMINSTER AVENUE ENTERED INTO BETWEEN TYNER PAVING CO." By unanimous consent, full reading of Resolution Page Twelve - City Council Minutes - July 14, 2003 Number 5143 was waived. - • U. Adopted Resolution Number 5144 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT 49813C AND 50062C, THE ALLEY UTILITY REPLACEMENT PROGRAM (WATER & SEWER), 13th /14th & 14th /DOLPHIN ALLEYS FROM OCEAN AVE. TO ELECTRIC AVE. & 15TH /16TH ALLEY FROM ELECTRIC AVE. TO PCH ENTERED INTO BETWEEN PALP, INC., DBA EXCEL PAVING CO." By unanimous consent, full reading of. Resolution Number 5144 was waived. V. Adopted Amendment No. 6 to the Orange County Transportation Authority Master Funding Agreement No. C -95 -991, replacing the revised list of open projects. (Councilman Antos abstained from voting on this item). W. Approved the renewal of the 8th Street Parking Lot Agreement between the City of Seal Beach and Grace Community Church for a period of one year from July 1, 2003 through June 30, 2004. Y. Accepted the resignation of Dr. David Hood from the Planning Commission, and declared 1 11 0 the District Four position to be vacant. • AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "R" - COUNCIL POLICY - PUBLIC WORKS SIDEWALK /CONCRETE 50 -50 PROGRAM Councilman Antos requested a staff report as the item may be of interest to the public. The Director of Public Works noted that the Department receives many requests to replace sidewalk, curb and gutter, as shown in the Capital, Improvement Program the City has a $3.5 million backlog yet only allocates $50,000 per year for replacement, that means it would take seventy years to repair all of the sidewalks in Seal Beach, at present aging sidewalks are.repaired to prevent possible trip and falls and allow pedestrian mobility throughout the community. He explained that under the California Streets and Highways Code the property owner can be required to pay for any repairs to a sidewalk however that is not the policy in Seal Beach, what is desired is to balance the backlog yet give residents the ability to contribute if they wish to do so, to be placed at the top of the priority list for replacement, that has been done as an internal Public Works Department policy and at this point it is desired that the policy be made official upon Council approval. He noted that other cities have used a similar 50 -50 program. The Director offered that any resident desiring to have their sidewalk replaced 1 11 1 could make application to the Public Works Department, they Page Thirteen - City Council Minutes - July 14, 2003 • obtain three bids from private contractors, and based upon the lowest bid they would be issued a Public Works permit to have the. sidewalk replaced, then the City would contribute fifty percent of the construction cost, or they could be placed on top of the priority list within the $50,000 budget however that only occurs once per year. The Director noted that it is known that all of the sidewalk in the community will not be done in seventy years therefore the City does maintenance by placing an asphalt patch on the sidewalk whenever it is raised or sunken, the patch is not aesthetically pleasing but does provide a safe and cost effective method of providing pedestrian mobility, the main focus for replacement is the high priority areas such as Main Street or the frontage of public buildings. Mayor Campbell asked if there is a charge for the permit should a resident choose to take advantage of this program. The response of the Director was that there would be a permit charge yet split 50 -50 in that the inspections for the permit are contracted out, noted too that if a property owner was willing to pay more to be placed higher on the list that too would be entertained, depending upon the size of the project a sidewalk replacement is basically between $5 to $8 per square foot. Antos moved, second by Yost, to adopt the Council Policy relating to a 50 -50 cost sharing program for replacement of sidewalk /frontage improvements for residential properties. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried • ITEM X - LEGAL NON - CONFORMING RESIDENTIAL STRUCTURES - LIMITED EXCEPTION - EXPANSION / ADDITION PROHIBITION - PROPOSED ORDINANCE The.Director of Development Services noted that this item is for Council consideration, explained that since the time the Council adopted the interim ordinance prohibiting the processing of applications for additions and expansions of nonconforming uses there have been persons approach the City that have an existing nonconforming property with three units yet the lot is only large enough for two units and they are willing to meet all of the City's development standards including the required off - street parking as part of a proposal to add some floor area to the main dwelling on the property. He noted that staff was uncertain if Council would want to consider such an exception for this type of a project and go through the Planning Commission public hearing process for a Conditional Use Permit or Minor Plan Review at which time a decision would be made, if Council chooses to not adopt the proposed ordinance these persons would be on hold pending whatever decisions of the City Council are forthcoming with regard to revised regulations. Councilman Larson noted that when the ' ordinance was adopted it was understood that everything would be stopped, that was the purpose, and caution was raised that exceptions would be sought, this would be an exception before a final ordinance is considered and adopted, his feeling is that the prohibition should remain in place, that is what the Planning Commission recommended.; 4111 Councilman Antos posed a scenario that if a person has a project and even though there is a moratorium which does not allow additions to nonconforming buildings through the Page Fourteen - City Council Minutes - July 14, 2003 Conditional Use Permit process, the individual could still 1 11 1 make application to the Planning Commission through a 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. 1110 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 somewhere in the Gum Grove Park area or another location in the project area if that is the determination of the 1 111 Council, once that position of the Commission became clear • Page Fifteen - City Council Minutes - July 14, 2003 4111 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•line 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 1 11 1 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 Beach 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 1 11 1 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 1111 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 4111 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 1111 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 1 111 illicit nighttime activity is certain to occur there as it • Page Nineteen - City Council Minutes - July 14, 2003 4111 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 - 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. Be • 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 • concern. 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 1111 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 are 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 1 111 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 Indian 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 111 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 1 11 1 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 Juler, 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 B 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 1 111 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 1 11 1 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. • 1111 Page Twenty -five - City Council Minutes - July 14, 2003 • Councilman Yost 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 seconded 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 exp -lain 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. • Page Twenty -six - City Council Minutes - July 14, 2003 AYES: Antos, Campbell, Doane, Larson, Yost 1111 NOES: None Motion carried BOLSA CHICA STREET WATERLINE EASEMENT (BRIGHTWATER) - GENERAL PLAN CONFORMITY DETERMINATION This item was withdrawn from consideration by the appellant, Southern California Water. Councilmember Yost stated that when the Council returns from a recess he will be abstaining from the upcoming public hearing item, even though the Boychuck home is more than five hundred feet from his home the Trailer Park property itself is within five hundred feet, this would be •in compliance with the law change in 2002 whereby if you reside within five hundred feet there is a presumption of conflict. It was the order of the Chair, with consent of the Council, to declare a recess at 9:50 p.m. The Council reconvened at 9:55 p.m. with Mayor Campbell calling the meeting to order. PUBLIC HEARING / RESOLUTION NUMBER 5140 - APPEAL - MINOR PLAN REVIEW 03 -9 - 42 RIVERSEA ROAD - BOYCHUCK Mayor Campbell declared the public hearing open to consider an appeal of the Planning Commission approval of Minor Plan Review 03 -9, 42 Riversea Road. The City Clerk certified that notice of the public hearing was advertised and mailed as required, and reported no communications received either for or against this item. The Director of Development Services presented the staff report, explained that this 1 11 1 item is an appeal to the Planning Commission approval of an architectural review for a two story cabana within the Seal Beach Trailer Park, the options are to sustain the decision of the Planning Commission and deny the appeal, or direct staff to prepare a resolution finding that the architecture of the two story cabana does not meet City standards and sustain the appeal, or adopt a resolution approving Minor Plan Review 03 -9 with any modifications to the architectural design of the project that are felt to be appropriate to make it compatible with the surrounding neighborhood. The Director noted that the Commission heard this matter on June 18th, Council has been provided with - their staff report and draft minutes of that meeting that generally reflect the discussion of the item, and a copy of the Commission Resolution with their findings and conditions of approval, and noted that at the time of consideration a number of people spoke on both sides of the matter, the Commission determined to approve the project, and then an appeal was filed within the required time period, the matter now before the Council. The Director mentioned that the standards for review of two story cabana structures is set forth in Code Section 28- 2319(b) which he ' read in full, and pointed out that the specific issue for consideration is the architectural design itself to make certain that it is compatible with other structures and properties within the Trailer Park. He noted again that the Commission determined to approve the project with findings and conditions which are set forth in the • Resolution and the staff report, Council has a copy of the - appeal and all supporting documentation, staff also 1111 responded to major issues of the appeal, what appears to be • Page Twenty -seven - City Council Minutes - July 14, 2003 • an overriding issue of the appeal is the first come first served provisions of the Code as it currently exists, the two story cabana standards have been in place since 1983, one provision requires that there be a twenty foot separation from one two -story portion of a structure to an 'adjacent two -story portion of a structure, that basically means that if a person receives approval for a two -story , cabana it precludes any of the adjoining spaces that are located within twenty feet from an approved location from also applying for a two -story cabana, that has been the position of the City since 1983, that is how the Code was adopted, and the Code has not been amended since that time. The Director reminded that in April of year staff brought forth an item to consider how to deal with the very small trailer spaces that exist within what is called the 'greenbelt area and three other spaces outside that area that are fairly small in size, to that the request was for - direction as to whether the Agency would consider giving staff the authority to look at amending the Code to remove the twenty foot separation distance for those small spaces, the reason is that some of the spaces are so small that there is only about one hundred fifty to three hundred square feet of living space with a single story unit, and if the twenty foot separation distance were removed from the central 'greenbelt area that would apply to the applicants property as well as the property of the appellant, as yet hearings relating to that issue have not been scheduled before the Planning Commission, this would be a Zone Text Amendment. The Director noted a number of • questions and comments submitted with the appeal, responses to those are set forth in the staff report. He reminded that this is an architectural review of a project that meets all of the set back and height standards that are subject to the two -story cabana provisions in this City. Mayor Campbell announced that each speaker would be limited to five minutes, a person would not be allowed to give their speaking time to another, the City Attorney has determined that she can vote on this item for the reason that she does not have a financial interest in the Trailer Park, she knows many of the residents, and she does not get paid as a member of the Board. Mr. Boychuck, the applicant, also noted that the provisions for two -story cabanas has been in existence since 1983, since then there have been about twenty -five to thirty persons /families that have taken advantage of the two -story cabana to improve their living conditions and space in their homes. Mr. Boychuck stated he has decided to use his money to build a two -story cabana for two reasons, he has resided in the Park since 1980, his trailer is approximately eight feet by twenty -five feet long, about two hundred square feet, this would help his living conditions immensely, and because it has been possible to stabilize the unstable conditions in the Park, meaning that the residents in conjunction with Linc Housing and Seal • Beach Affordable Housing will have representation on the Board that owns the Park for the next thirty -five years or-. . • possibly fifty -five years it is felt that he would not be taking a risk by putting his money into this home where there was great risk when Richard Hall owned the Park. Mr. , Page Twenty -eight - City Council Minutes - July 14, 2003 Boychuck showed slides of the various units in the Park, 1 110 the travel trailers have either been taken down or in some cases built over, it is an eclectic, different place to live, one can build to the street with no three foot setback, the cabana can sometimes quadruple the living space, some of the residents have been able to accommodate the twenty foot setback requirement even though side by side, because one resident submits an application first does not mean an adjacent resident can not go up, they just have to be twenty feet apart at the second story. Mr. Boychuck stated he would postpone further comments until the rebuttal period. Ms. Peddicord, the appellant, objected to Mr. Boychuck having the ability for rebuttal comments to her appeal, and as appellant she should have more time. Mayor Campbell responded that each is being allowed equal time. Ms. Peddicord said Commissioner Shanks had asked if the existing trailer was going to be removed, to that the response of staff was that the applicant had the option of keeping the floor of the existing trailer and remodeling from the floor up or now under State law the entire unit can be removed and replaced with a manufactured home. Ms. Peddicord said the trailer is a major part of the architectural design and requirement, compliance with Title 25 of the California Administrative Code. Ms. Peddicord displayed a copy of the concept drawing of Mr. Boychuck, claiming that she is required to have signed blueprints, charged that no where on the concept drawing of the first floor does it show his trailer, there is a requirement of 1110 State law to keep at least the floor of the trailer and the kitchen and bathroom is to remain on the floor of the trailer, Mr. Boychuck has moved his kitchen from the floor of. the trailer towards the front portion, upon reviewing the drawings is her belief that he is removing the trailer altogether therefore changing the status, there are errors on his drawings, the nook, bathroom, and kitchen windows are missing, the fireplace is shown in four different locations, the floor plan does not match the concept drawing so how could it be approved. She claimed that this is biased in favor of Mr. Boychuck. With regard to the property owners affidavit, she has seen three of them, one for 24 Cottonwood, 28 Cottonwood and under 'remarks' there are no comments and signed by Hunter Johnson, on this application Mr. Johnson writes 'improvement to mobile home only,' he says nothing about a cabana, what does that mean, the others did not have that language but this one does, to her that means that he can only improve the mobile home and not build a cabana if one goes by the letter of the law. Ms. Peddicord claimed that she was not being treated the same as Mr. Boychuck and some others, Mr. Mike Berry said that Linc Housing had nothing ' to do with this project or the spending of the money, that is not true, one is required to sign a regulatory agreement between the Redevelopment Agency, Linc Housing, and the homeowner, Linc Housing has a big part in this, after signing the agreement the terms say that it is effective on the date signed and shall terminate fifty -five years thereafter, and the owners repayment of the loan shall not terminate the agreement, that means that the fifty -five 1 110 year lease is on the homeowner not on the landowner, no Page Twenty -nine - City Council Minutes - July 14, 2003 • other :homeowner in Seal Beach is required to sign such an agreement, it is because it is under the Civic Stone program, getting Redevelopment money, is he required to sign this agreement, is Mr. Berry required to sign this fifty -five year lease that literally gives the homes to • ""Linc Housing through the loan program, they already own the land. Ms. Peddicord claimed again that Mr. Boychuck did not meet the architectural design on the plans that he submitted, he should required to submit them in the same manner in which others are required to submit, claimed too that there is discrimination with regard to this project, Mr. Boychuck is being given favoritism, he is getting money from the Redevelopment Agency to build a house, there are rules and regulations to be followed, this is not a normal permit, it impacts dozens of people and possibly forty - three homes, it affects the people in the 'greenbelt', if he gets his permit because he does not need the twenty foot setback he is being looked at differently than the other people in the program, are the people on the 'greenbelt' going to be under the same rules that he is, they are all in the Civic Stone program, should be under the same rules, setbacks, and architectural requirements, he is no different than anyone else going through the Redevelopment Agency, using Agency money to improve their home, he may get this permit as first come, first served, get money from the Agency to build his new house, but the people in the 'greenbelt' do not know if they will get a six or twenty foot setback', are they going to get bigger homes or stay in the little homes. • Ms. Peddicord cited Mr. Boychuck as being party to the sale of the Park to Linc Housing, he sits on the Board along with the Mayor, he gets information from Linc, Linc is associated with the Civic Stone program, and he gets better treatment that others who are getting money from the same organization, are we fair or equal, the answer is no. Ms. Peddicord said this can not be approved because that is discrimination of forty -three families. Ms. Julia Moore stated she works for Linc Housing Corporation and is present to represent the owner, said they have followed the first come first served edicts as they have been instructed to do, as plans have been submitted they have either been approved or denied, this project was approved then returned-to Mr. Boychuck to present to the City for their approval and plan check, Linc is trying to do this on a fair and equitable basis as they are submitted. Mayor Campbell inquired if any special consideration was given Mr. Boychuck because of his position on the Board, the response of Ms. Moore was that there was not, it was first come, first served. Mr. Mike Narz, Cottonwood Lane, said when he gets around to submitting his plans correctly and following all of the rules he would hope the Council would approve his as well and efficiently eliminate personal conflicts that may apparently arise, in his opinion Mr. Boychuck has followed the rules, and this should be approved. Mr. Bob Latta, Trailer Park, mentioned that he was forced to retire for - health reasons, he has been in the Park for twenty plus 1111 years, and stated that when they went to the two stories the twenty foot or every other trailer provision was put in Page Thirty City Council Minutes,- July 14, 2003 place 'because the Fire Department was not certain they 1110 could handle a fire in the Park, however in Surfside homes are six feet apart, there has never been a major fire in the Park, since then the City has required a sprinkler system in all two -story cabanas, his belief is that with a — lire wall there would not be a further need for the twenty foot setback, that would give everyone an even playing field. Mr. Latta explained that there has always been the provision for first come, first served for approvals. Ms. Renee Lusian, Riversea Road, said her trailer is directly adjacent to the subject property, she has lived in the Park since 1969, next door to Mr. Boychuck since 1980 and Ms. Peddicord since about 1974, that she attended both meetings of the Planning Commission where they approved three Minor Plan Reviews for the construction of two -story cabanas in the Trailer Park, at the same meeting that the project of Mr. Boychuck was approved unanimously they also approved the plans of Mr. Welz who also lives on Riversea Road, at the prior meeting the plans of a lady on Cottonwood Lane was approved, several residents attended and endorsed her plan, including Ms. Peddicord who supported the cabana because of the small quarters that she lived in and'going up was the only way to achieve more space. Ms. Lusian said given this reasoning, which she agreed with, she wanted to mention that the Boychuck home is at least four times smaller than that home at present without the added addition, after the last meeting Ms. Peddicord stated to her that she wanted Mr. Boychuck to build therefore she was surprised at her appeal. Ms. Lusian mentioned that there are a lot of personal issues going on in the Park that has • nothing to do with this matter, it is political, Ms. • Peddicord is also in the program and has received Civic Stone monies and is planning to build, she could have submitted first as well, that has been the process since the two -story cabanas were allowed, she does not understand why there is a problem especially given the fact that City staff has stated that they are trying to make some changes with regard to the twenty foot setback and it is believed that will include the home of Ms. Peddicord. Ms. Lusian expressed her opinion that the residents are blessed to live in Seal Beach, the City has helped to make it possible to continue to live there, have their homes, it is a wonderful community, there are currently problems in the Park that she hopes will be worked out, asked that the problems not be increased by making this into something that it should not be, this was a simple matter, it was approved by the Planning Commission, her hope is that Mr. Boychuck gets to build and improve his conditions and Ms. Peddicord as well. She stated that Civic Stone has been wonderful to her, she too is in the program, she has never been directed to do other things to attain her requests other than what the City has told her, if Ms. Peddicord was ' told something different then Civic Stone could be asked if there was a problem, Linc Housing has been great to everyone. Ms. Kathy Bernardo, the daughter in law of Maria Bernardo, said she does not live at the Park yet spends considerable time taking care of her father in law, and in response to a comment made said the residents of the Park are respectable people. Ms. Joyce Parque, 6th Street, claimed that Ms. Peddicord, the appellant, should have had 1 11 1 the opportunity to speak first, also that it is felt to be Page Thirty -one - City Council Minutes - July 14, 2003 4111 unethical for the Mayor who sits on the Linc board to be voting on this item, and stated that the concern of Ms. Peddicord is that if Mr. Boychuck is allowed to have a two - story cabana then she can not. Mayor Campbell explained. that•Ms. Peddicord could have a cabana as well, it would • 'just be a different setback. With regard to money, Ms. Parque made reference to rules that the Council voted on in the Housing Code, where are the families with children, she did not get a notice nor did others in Old Town, they want to be noticed of this free money too. Ms. Parque again said that there should not be a vote on this matter tonight, postpone it, and next time Ms. Peddicord should be the first to speak. Mr. Paul Jeffers, Cottonwood Lane, said he has heard a lot of rumors about favoritism of Civic Stone, they are handling the money, he would hope that someone is policing this firm, people did not have subsidies under the old Covenants, now there is all of this money, the money is not just for the Trailer Park the program should be available for everyone who qualifies, that should be made clear, these programs should be watched and policed. Ms. Marie Clark, Trailer Park, expressed her fondness for Seal Beach, the Trailer Park, and the people in the Park, the Trailer Park is a unique community and family, if there were ever a catastrophe in the Park she knows that they would pull together to help each other, they are all good people. Ms. Clark mentioned that it is a twenty year dream of Mr. Boychuck to build this cabana, he did everything necessary to do that, City staff and the Commission approved his plan, and it needs to be remembered • that if it had not been for the many hours put in by Mr. Boychuck and others the people would not be here tonight, the people would not be able to build or remodel or sell their homes, the residents would have lost their homes to Richard Hall and be elsewhere. Ms. Clark stated she would like to see Ms. Peddicord get her two -story cabana as well, staff had said that the process to change the twenty foot setbacks to a lower footage has already begun, that is a big step forward. Ms. Clark asked that the appeal be- denied. Mr. Adam Eliason, Civic Stone, mentioned that a detailed report will be forthcoming for a future meeting, in summary, there are thirty -four applications currently going through the process, almost half are now under construction, Ms. Peddicord is one_of the approved applicants to the program as well as Mr. Boychuck, there have been no problems with either applicant, there are letters of recommendation from people who are participating in the program, they are so grateful for being a part of the program. Mr. Eliason Civic Stone adheres to the guidelines that they presented to the Council and worked with staff on, it is a simple process to be approved on the ' program, there is a requirement to meet income criteria and income size, have a certain amount of equity in their property, other than that there is not too much more that they need to abide by to be approved in the program, the applications are handled on a first come, first served basis, his belief is that the issues surrounding the matter, under consideration this evening is something different • than the program that Civic Stone is administering, and clarified it is not a Civic Stone program rather a Page Thirty -two - City Council Minutes - July 14, 2003 Redevelopment Agency program and funding. Mr. Eliason 1111 noted that there are a- number of people on a waiting list pending any future funding that the Council /Agency may wish to direct towards the program. Mayor Campbell recalled that at the Planning Commission meeting Ms. Peddicord — "Claimed that Civic Stone provided two different sets of - rules,•one for her and one for Mr. Boychuck with regard to requirements. Mr. Eliason said the only issue that was addressed at that meeting pertained to the architectural plans, the miscommunication is that their firm was aware that Mr. Boychuck had architectural plans, he had hired an architect, when Ms. Peddicord submitted plans she was considering whether to go to a second story or whether she should replace the existing unit with a new manufactured home, however if she decided to go forward with the second story she was advised, although not a requirement of the program, that she would need to retain an architect at some .point to draw some plans in order that she could submit those to the Planning Commission, she did so and the architect included as the first phase of the contract to draw up a plan that would meet the requirements of the Planning Commission, to her comments about Civic Stone requiring her to have a licensed architect, that was only a recommendation so that she would have plans for submittal to the Planning Commission for approval and then continue through the program to receive funding, it is not known whether she understood that Mr. Boychuck already had an architect, there is no other difference in the application process. Mayor Campbell inquired as to the length of time that Mr. Eliason has been with Civic Stone, to that he 1 110 responded that he is the President of Civic Stone. Mayor Campbell then inquired if notice of this program was distributed to the community. Mr. Eliason offered that when the program was brought forth several years ago there was some marketing done, in more recent years when the subsidy and loan amounts were increased the program became more attractive and it was promoted through cable television, the newspaper, several residents requested that fliers be distributed in the Trailer Park, there have been a number of residents in the Park that have applied for the program as well as throughout the community, it is • difficult to qualify particularly under the low to moderate income criteria, in Orange County it is believed that a family of four can qualify in the $90,000 per year income range, ordinarily that might not be a problem yet in Seal Beach with home prices of a half million dollars there would be only a few that have bought a home fairly recently that would qualify, those that may qualify are condominium residents and persons who have owned their home in excess of twenty years and without a substantial increase of income. He mentioned that there are thirty -four qualifiers in the Trailer Park and about six outside the Park. The ' Mayor reported having seen a local community announcement for Civic Stone, she also questioned the public comments relating to 'free money.' Mr. Eliason explained that there is a grant and a loan program, the grant is for specific uses, it is not for stainless steel refrigerators, it is for three purposes, one is for exterior beautification,. - - - -• health and safety identified violations, and for energy efficiency items such as dual pane windows, an energy • efficient water heater, insulation, etc., all other items • • • Page Thirty -three - City Council Minutes - July 14, 2003 • are required to be under the loan program, there is provision for repayment, however after twenty years the loan can be forgiven, that was a Council and staff policy for long term residents to stay in the community. Councilman Antos asked if there is an agreement, covenant, ' "or other requirement that the property remain in a low or moderate income status for a period of time, and if so for how long. Mr. Eliason explained that there are substantial rehabilitation and non - substantial rehabilitation programs, it depends on the amount of work that is being done on the property and the value of the property after the work is completed, it depends on the amount of loan and value of the property afterwards, the time period is fifty -five years and it is not just a mobilehome park requirement it is throughout the community, if it meets that formula there would be an agreement requirement for any loan in the program, this is an issue that has been discussed at length with Ms. Peddicord as she would like to avoid such requirement. The Director of Development Services added that the fifty -five year provision is the result of State law changes and that is required when there is substantial rehabilitation. Mr. Glen Clark, Trailer Park, wondered why they are at this meeting, the appeal does not seem to have anything to do with the facts before the Council, the task of the Council is to determine if the Planning Commission made the correct determination to allow this Minor Plan Review to go forward, it appears that Mr. Boychuck has followed all of • the guidelines and rules, he will need to have an architect draw a set of plans to be reviewed and approved before receiving a permit, there will be City inspections, he is doing the same as the other twenty -five or so owners of two -story cabanas have done since 1983. Mr. Clark urged denial of the appeal. Mayor Campbell invited equal time rebuttal comments. .Mr. Boychuck thanked the people present offering their support, the Council as well. Mr. Boychuck presented a five slide powerpoint presentation, the Director has said that the project complies with all setbacks, distance separation, ' and the specific design standards of the City's ordinance, that the issues raised by the appellant are not related to the approval consideration, that the plans are consistent with what would be seen on two -story projects in the Park, and the recommendation of staff was to approve the application with the conditions contained in the Commission Resolution. A Planning Commissioner, after hearing the comments, stated that they had approved another such application at that meeting, one at the prior meeting, and he could see no reason to not approve this project as it appears the applicant had done all that he had to do, another Commissioner added that some people think it is a popularity contest as to whether someone gets a permit or not, assured it is not, and in his years as a Commissioner he could not recall stalling or turning down a cabana in the Trailer Park, that a number of Park residents have agreed to approve the two story cabanas, most spoke in - support. Mr. Boychuck said in summary that thirty two- stories have already been approved, three within the last month, the residents and the appellant support it, the Page Thirty -four - City Council Mlnutes - July 14, 2003 Planning Commission supported it, staff supports it, it is • within all existing Codes, and said the attachment by the appellant as to the reasons for the appeal was not done. Ms. Peddicord, the appellant, stated she was not opposed to "`Mr. Boychuck receiving his two story, her problem is that it be done fair, when she applied for the program in December she claimed she was told that she was the first one to ask for a two - story, first come, first served, her presentation to the Planning Commission can be seen on tape, the issue is if he is keeping the trailer on the property, he must have the trailer floor or replace the - trailer with a manufactured home, it is not on his architectural concept drawings so he does not meet the qualifications, where is the trailer floor, the rules have always been that the kitchen and bathroom have to be maintained in the frame of the trailer otherwise it looses mobilehome status, some people have buried their wheels but the kitchen and bathroom must stay in the framework, in • this case the kitchen has been moved and-the trailer is not indicated on the drawings, his plans do not meet the - requirements of the Planning Commission, there are also two major safety issues that is part of the approval process, one is the retaining wall that happens to be the lot line, it is falling down as a result of a neighboring tree that uprooted his patio and damaged the pump station, he is expecting the Seal Beach taxpayers to pay for - the repair of the lot line retaining wall. Another issue is the drain pipe which runs down the lot line and directly into the pump station, seventeen inches of the pipe is on his 4111 property, he needs a three foot setback, that means the foundation for his two -story will be within eighteen inches of the drainpipe, to her that is a safety issue. Ms. Peddicord again stated she wants the applicant to have his two -story but she wants it done right, done legally like everyone else has to do, also, his item was removed from the June 4th agenda by staff for the reason that the legal notice to the neighbors was not within the ten day time period, again, her concern is with safety and the trailer floor. There being no further comments, Mayor Campbell declared the public hearing closed. With regard to the issue of retaining the original trailer frame, Councilman Antos asked if that has been adequately addressed and if it is removed can -it be replaced by a manufactured home of two stories. The Development Services Director responded that about five to six years ago the law was changed to where a manufactured house can be placed in a mobilehome park, they are defined as the same, therefore in this case if the proposal were to put in a manufactured home there would be no requirement to retain any of the floor of the existing trailer, years ago the requirement under State law was that the kitchen and bathroom had to remain in generally the same location as it was as part of the trailer, that may still be enforced if one leaves the original trailer, if it is a manufactured home it does not apply. Councilman Antos asked if a two story manufactured home can come in, the response of the Director was that - " can provided the City approves the two story portion of the structure. Councilman Doane inquired if the trailer is 1111 Page Thirty -five - City Council Minutes - July 14, 2003 • going to be removed, the response of Mr. Boychuck was that there will be a portion of it. Campbell moved, second by Doane, to deny the appeal and adopt Resolution Number 5140 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 03 -9, A REQUEST FOR AN ARCHITECTURAL REVIEW IN CONJUNCTION WITH THE PROPOSED CONSTRUCTION OF A TWO -STORY CABANA HOME,AT 42 RIVERSEA ROAD, SEAL BEACH." By unanimous consent, full reading of Resolution Number 5140 was waived. Councilman Antos stated that he would be voting no on the approval of Resolution Number 5140 in that he had posed a number of relating to the Trailer Park some time back and he has not as yet received answers. AYES: Campbell, Doane, Larson NOES: Antos ._ ABSTAIN: Yost Motion carried Campbell moved, second by Doane, to extend the meeting hour to consider the remaining items. AYES: Antos, Campbell,- Doane, Larson NOES: None ABSENT: Yost Motion carried Councilman Yost returned to the Council Chambers. PUBLIC HEARING / RESOLUTION NUMBER 5141 - COMPREHENSIVE FEE • RESOLUTION 2003/2004 The City Manager explained that as part of the Municipal Code review and revision there are certain fees that have been removed from the Code and more appropriately placed in the Comprehensive Fee Resolution, there are increases in certain fees in order to recover' direct and full costs. Mayor Campbell declared the public hearing open to consider the Fee Resolution for 2003/2004. The City Clerk certified that notice of the public hearing was advertised as required by law, and reported no communications received either for or against this item. There were no comments from the public, Mayor Campbell declared the public hearing closed. Antos moved, second by Larson, to adopt Resolution Number 5141 entitled "A RESOLUTION OF THE..CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING THE RATES AND AMOUNTS OF FEES AND CHARGES FOR GOODS, SERVICES AND FACILITIES PROVIDED BY THE CITY OF SEAL BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTIONS 4114, 4195, 4234, 4250, 4442, 4494, 4499, 4519, 4545, 4550, 4650, 4718, 4751, 4816, 4910, 5032." By unanimous consent, full reading of Resolution Number 5141 was waived. AYES: Antos, Campbell, Doane, Larson, Yost NOES: None Motion carried CITY ATTORNEY REPORT No report was presented. • Page Thirty -six - City Council Minutes - July 14, 2003 CITY MANAGER REPORT , 1 11 1 With regard to the fireworks issue, the City Manager stated that staff will be working with the Orange County Fire Authority and the Police Department to revisit the fireworks plan in view of this pastJuly 4th, a combination of a three day weekend and alcohol, and noted that although the signs are important often those who set off fireworks can not read signs. COUNCIL ITEMS Councilman Yost asked that the Long Beach desalinization plan be placed on the next agenda for approval of a letter in opposition to that plan in that they will be dumping high salinity content water into the River. Councilman Antos made reference to the fireworks issue and drinking on the beach, noted that at one time there were signs prohibiting drinking on the beach and the beach was closed - at a certain time, to that he asked that those signs be installed again, and said he had reports that the Police Department was in Los Alamitos during the fireworks display while fireworks were being detonated in Seal Beach, if that is true he would prefer that they spend their time in Seal Beach. Mayor Campbell explained that is one of the conditions of the 4th of July fireworks show, each city ' donates money and provides police officers as well. Councilman Doane mentioned that he has been receiving calls with regard to traffic problems related to the work being done on Seal Beach Boulevard and Westminster, explained that is a project that is funded by the Growth Management Area, the purpose of the project is to provide additional 1 111 turn lanes at that busy intersection that has been a - problem for years, there is some inconvenience at this time but the result will be a considerable improvement, he feels that everyone will find that it is worthwhile, the City Engineer has advised that the project should be completed by the end of August and the Police Department•is trying to keep two lanes in each direction open at all times. With regard to the 4th of July at Heather Park, Mayor Campbell thanked all who helped with that celebration. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until July 28th at 6:30 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 11:14 p.m. THESE ARE TENTATIVE MINUTES ONLY, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. Council Minutes Approved: •