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HomeMy WebLinkAboutCC Min 1999-11-22 11-22-99 Seal Beach, California November 22, 1999 I The City Council of the City of Seal Beach met i~regular session at 7:00 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag, ROLL CALL Presentj Mayor Yost Councilmembers Boyd, Campbell, Doane, Snow , Absent: None Also present: Chief Sellers, Acting City Manager Mr. Barrow, City Attorney Ms. Yeo, City Clerk I WAIVER OF FULL READING By unanimous consent, the Council waived the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. APPROVAL OF AGENDA Boyd moved, second by Campbell, to approve the order of the agenda as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried I PUBLIC COMMENTS Mayor Yost declared Public Comments to be open. Ms. Reva Olson said she is a forty year resident, expressed concern with the right of free speech and harassment of residents, in the past one has always been able to reach the Mayor, there seems to be martial law, why, asked when it became illegal to take pictures' of someone's house, the City already has a high stake in one particular house, and claimed that a resident was intimidated over the weekend by Bixby at a protest to save the wetlands. She mentioned concern with money too, asked where is the utility users tax going, why was an employee dismissed shortly after receiving a prestigious award, is the Manager or Council running this town, where is the. in-lieu parking money, where is the money for the Main Street alleys, where is the treasurer's report, and finally, claiming that the utility tax is a hardship.for the senior citizens. Mr. Gordon Shanks, Surf Place, requested to speak to Item OAR. Ms. Sue Corbin, Seal Beach, stated she felt her free speech has been violated, to speak out is fear and intimidation. There being no other comments, Mayor Yost declared Public Comments closed. 11-22-99 COUNCIL ITEMS DEPARTMENT OF WATER AND POWER PROPERTY Councilman Boyd said the intent of this item was to talk about the DWP property, that property is currently being marketed by a commercial broker, the Los Angeles Department I of Water and Power undertook an effort this past year to liquidate its surplus property in an attempt to increase cash flow, the Seal Beach site is'popular, is approximately ten acres of vacant, fenced land located on First Street between Marina Drive and Ocean Avenue, the marketing effort commenced about six months ago. He explained that in about 1982 the City rezoned the property for a hotel and open space, the intent being to have a consistent and use and also generate revenue, a committee consisting of seven people determined that a hotel would be an appropriate land use for that area, the area would be least impacted by a hotel and visitor serving uses on thirty percent of the northerly portion of the site, three hundred rooms, parking, and additional uses as specified in the 'Specific plan, upon review of the Plan in 1996 the hotel was reduced to not exceed one hundred and fifty rooms, restaurant use for hotel guests as well as open to the general public, retail and service uses as well, optional would be meeting or conference rooms, parking most likely subterranean. Councilman Boyd said the reason for bringing this forward was to seek input from the public, he has received a petition containing nearly six hundred signatures asking that the Council revisit this issue and consider allowing residential use on the thirty percent and retain the open space area of seventy percent, that area was I not designated as a park, rather, an open space, passive recreation area, an area where the Plan specifies that benches and lighting shall be allowed put not to exceed fifteen feet. He said the consensus he has heard from a number of people in the community is that they want to maintain the open space area but are concerned with the use of ,the thirty percent of that land, at this point whomever may buy the property would be entitled to build a hotel, the issue now facing the Council is whether there is a desire to reconsider the use and offer an alternative use of single family residential homes in lieu of a hotel, the approximate six hundred signatures on the petition believe that is a better land use and more consistent with the area. Mayor Yost said as a result of the San Gabriel Conservancy their aim is to add parks along the San Gabriel River and if the Parks and Bond Act is approved it is possible that there may be money made available for that property, that should probably be a consideration and he would welcome comments from the public if this is something that would be desirable to pursue. Councilman Boyd mentioned again that the designation of the seventy percent of the property is not for park, rather, open space, reference to a park usually means there is some type of activity, open space is a passive recreation area, agreed that it would be great if funding I could be found for the city to acquire the property, again noted that the site is approximately ten acres and is listed for $3.5 million; The Mayor mentioned that the Parks and Bond Act would make $25 million available to the Conservancy. with regard to the acreage, Mr. Gordon Shanks, Surf Place said he felt the reference to ten acres was somewhat ' misleading, there is twenty to thirty feet that goes out into the San Gabriel River so the site is actually about nine 11-22-99 I acres of usable land. From a historical standpoint Mr. Shanks recalled that about the mid 1970's the owner of the Trailer Park and developer, Mr. Dawson, proposed to build homes along the San Gabriel River and First Street with a park in the center, at that point there was a group of local citizens that went to the Coastal Commission and had the site placed on the list for open space, in the latter 1970's the Coastal Conservancy obtained $50,000 to stud~ the site then for nine to twelve months more than three hundred people met to develop a recommendation of use, this was a long process, involved a famous architect, economist, etc., it was determined that the people wanted nothing there except a park but the question was how could it be paid for,. That was before the asbestos was found, the property also had unique features such as the rise where the street car traveled over the bridge from Ocean Avenue into the Long Beach peninsula; there were large pits left from the power plant, the original design concept built in these features, it was said that the Department of Water and Power took care of the asbestos down at least six feet, there was never an answer if anything below that was taken care of, that is something that will need to be answered, and for practical purposes the land has been flattened. Mr. Shanks said in the end the consensus was that the least harmful would be to maintain six acres of parkland and three acres of public serving use, given the involvement of the Coastal Conservancy it had to be open to the public. If one thinks that the Coastal Commission, given their history on the DWP property, is going to allow residential, he would believe that to be greatly mistaken, and the reason for the petition, said to have about six hundred signatures, is because the people along the Gold Coast and iri the condominiums do not want the traffic from a hotel, but is this City going to eliminate every means of bringing money into the City, theoretically if there were a one hundred fifty room hotel the bed tax on that would be nice, if residential is built the property tax will go to the Redevelopment Agency as that property is within the project Area, the list price was said to be $3.5 million, if residential or condos were built it would likely be valued up to $10 million. Whomever buys that property will be coming in under the Specific plan for a hotel of one hundred fifty rooms, it also needs to be kept in mind that the hotel developer will need to fund the park and maintenance thereof as it was not to be a burden on the City, for a purchaser of the property to believe that the Plan could be changed to residential and not put any significant money into the park is not being realistic because the Coastal Commission has the history of the site, it is on their prime property list, a key requirement was that this property be public serving. He claimed this would most certainly be a battle with the Coastal Commission if residential is proposed, also, any money forthcoming from development of the site will go to the Redevelopment Agency and not the City unless the development is a hotel with sales and bed taxes. The Mayor asked about the possibility of purchasing the property through the San Gabriel Conservancy. Mr. Shanks said he would have no idea, recalled that in the late 1970's the City managed to be placed on the list for a $3 million loan, there was a change of political representation and the loan was never realized, there were other monies promised but at that time the Department of Water and Power could not be budged. He expressed belief that the Coastal Commission will support I I 11-22-99 anything that is public serving, for instance if it were all park there would be no opposition, it should also be kept in mind that North Orange County has very few County parks, support could likely be realized with a hotel or park but very unlikely with residential. Councilman Boyd responded that the DWP site could be changed to a non-Project area, I agreed that more money would be realized if there were a hotel development, would that cause more traffic, yes, as to reference to the petition said it can be assured that the signors are from allover the City, not just the affected areas of First Street or the Riverbeach condos. If an entitlement were allowed probably about twenty to thirty homes would be seen, about $800,000 each, a $24 million project, and it would still be a condition of the purchaser to improve the seventy percent as an open space passive recreation area. Councilman Boyd made mention that the Conservancy only has about $700,000, to use all of that money to purchase a $3.5 million site is likely unreasonable, however worth looking at, the Department of Water and Power closed their request for proposals on November 15th, it is believed there were thirty bidders, it is understood that three or four are proposing residential, and he offered that in the 1970's homes may not have meant a lot economically as compared to a hotel, today with a twenty-five hundred square foot lot selling for $750,000 homes do make .sense, and should an entitlement be allowed to the Specific Plan he would propose the property be down zoned even more, possibly a thirty-five hundred square foot minimum. To a question of Council, Councilman Boyd explained that the bids go directly to a sub-committee of the Board of the Department of Water I and Power, the~r legal counsel and general manager, they will review the proposals, they will look for a clean transaction, one that has financials to substantiate the development, if they have cash available, if they understand what the entitlements will be, an understanding of the extensive public improvements that the City will require of anyone who purchases this property, public improvements may be in the range of $4 to $5 million, everything from remediation of the site for the open space area to landscape improvements, street improvements, bicycle trail improvements, landscape maintenance, etc., also, it is known that the Coastal Commission will be involved however it is felt that they will defer to the local agency, it is the developer that will need to take their chances with Coastal. Councilman Boyd expressed his desire to direct staff to come back to the Council with the process to add a residential entitlement within the thirty percent area of the DWP Specific Plan. Councilmember Campbell stated she would not support residential, this needs to be something that will make money for the City. Councilman Doane echoed the comment of Councilmember Campbell, and given his dealings with the Department of Water and Power during the past eight years Councilman Snow said he would refrain from comment at this time. Mayor Yost said if that property were developed with I homes it is then out of the public domain, homes also make considerably more money for the developer, the area is part of the regional biketrailsystem, it is part of the beach, additional monies may be forthcoming to the San Gabriel River Conservancy and purchase of this site may be perfect for the Conservancy. Councilman Boyd pointed out that this site will be sold before the Parks and Bond Act is approved, expressed ,surprise that the members of the Council did not support a change of entitlements, said to him a hotel is a poor land 11-22-99 I use, is not consistent,' this project would be sixty feet away from existing residential, this could mean a thirty-five to forty-two foot hotel, twenty feet from the street, it brings revenue yet nearly triple the size of the Radisson which is only sixty some rooms, the property will likely sell within the next two to four weeks, and it may be a hotel which he will oppose. Councilmember Campbell countered that the issue in her area was traffic, Lampson is the only way in and out, the desire was to not have development choking Lampson or the Boulevard, the Council did not support the people in that case. The Mayor mentioned that he would like to see this site,in the hands of the Conservancy, the largest agency for urban parks ever, however the City does need revenue and may not realize any money from residential. Councilman Snow said given the reported financial situation that the DWP was in, projected debt somewhere between $4.5 and $7 billion dollars, would that be of help to this situation. Councilman Boyd said he could not speak to the financial condition of the DWP, he has spoken to the General Manager and the Chairman of the Board arid will be meeting with them in two weeks, they are willing to hold off on the sale of the site if the City will consider additional entitlements for the property, yet as has been heard the remainder of the Council is not willing to consider additional entitlements, thus the property will be sold and to a hotel developer, as to whether DWP would be considerate should the Parks and Bonds Act be approved, Councilman Boyd replied that he does not believe that DWP is concerned as to whom it is sold, they have an entitlement for a hotel and will sell to the highest bidder, to which he again stated his opinion that a hotel is a poor fit for that residential area, if a park is thought to be the best choice, and money can be found, then the city needs to ask DWP to hold off,on the sale and give them a reasonable time frame for a final decision. I Mayor Yost moved to direct the City Manager to forward a letter to the Los Angeles Department of Water and Power requesting that they postpone on the sale of the DWP Seal Beach site until the Park and Bond Act is voted upon and the San Gabriel River Conservancy is fully formed. Councilman Boyd seconded the motion. AYES: NOES: Boyd, Doane, Snow, Yost Campbell Motion carried I STATE LANDS COMMISSION LETTER - NAVY APPLICATION FOR RETROCESSION - EL TORO MARINE CORP AIR STATION Councilmember Campbell said this would authorize the County to have the authority for judicial powers, this letter requested by the Orange County Regional Airport Authority. Doane moved, second by Yost, to authorize the Mayor to sign the letter of support to the Chairman of the State Lands Commission urging approval of retrocession. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried 11-22-99 RESOLUTION NUMBER 4771 - SUPPORTING COMMUNITY FRIENDLY COMMERCIAL AVIATION REUSE OF EL TORO / COMMERCIAL OPERATIONS AT JOHN WAYNE AIRPORT Campbell moved, second by Boyd, to adopt Res6lution Number 4771 entitled "A RESOLUTION OF THE ORANGE COUNTY REGIONAL AIRPORT AUTHORITY SUPPORTING A COMMUNITY FRIENDLY COMMERCIAL AVIATION REUSE OF EL TORO AND CONTINUED COMMERCIAL AIRPORT OPERATIONS AT JOHN WAYNE AIRPORT (JWA)." By unanimous consent, full reading of Resolution Number 4771 was waived. I AYES: NOES: . Boyd, Campbell, Doane, Snow, Yost None Motion carried RESOLUTION NUMBER 4772 - SUPPORTING - GROUNDWATER REPLENISHMENT SYSTEM Resolution Number 4772 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN SUPPORT OF THE JOINT ORANGE COUNTY WATER DISTRICT/ORANGE COUNTY SANITATION DISTRICT GROUNDWATER REPLENISHMENT SYSTEM." By unanimous consent, full reading of Resolution Number 4772 was waived. Boyd moved, second by Campbell, to adopt Resolution Number 4772 as presented. AYES: NOES: Boyd, Campbell, Doane, Snow, Yost None Motion carried CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT I The Acting City Manager, Chief Sellers, on behalf of the Police Department, announced that Officer Paap, the City's drug education officer, is developing a trading card program that is to commence the beginning of the new year with a contest for McGaugh School students, the trading cards will be obtained by ,the students contacting a Seal Beach Police officer. He mentioned too that a new officer has been hired that was formerly with the Seattle Mariners, possibly he can be included in the program as well. PUBLIC COMMENTS Mayor Yost declared Public Comments to be open. Mr. Reg Clewley, Seal Beach, said there was no opportunity to address Resolution Number 4771 as he was not present early enough to make that request, stated that the EI Toro Reuse Plan is hazardous, unrealistic with respect to commercial airlines, the runway configuration could not be worse, there are intersecting runways, too close, no visibility, there are rainy weather problems, as well as a ridge and terrain situation above the airport that rises over a thousand feet, the terrain and wind direction require primary takeoffs away from the mountains and over populated areas, two major pilot associations oppose the flight paths for safety reasons, the reuse proposal is ,dangerous for Orange County and the I Resolution flawed. It was pointed out that Mr. Clewley or any other member of the public had opportunity to speak on any of the agenda items during the prior public comment period and before the Council took action. There being no other comments from the public, Mayor Yost declared Public Comments closed. COUNCIL COMMENTS Councilman Boyd said he had provided each member of the Council with the financial and operational report for the first quarter of the year of the Orange County Sanitation 11-22-99 I District, received by the members of the District and Fire Authority, the report details joint operations, capital improvement projects, overview of the district and changes thereto, insurance, etc., his intent is to provide this report to City staff as a model, a good source of information for the Council and the public. Councilman Doane spoke favorably of the concept of a quarterly budget review, possibly not quite as elaborate as the Sanitation District report. He wished all a happy Thanksgiving, offered a reminder of the upcoming holiday parade on Friday, December 3rd, and announced that Seal Beach TV3 volunteers will be telecasting the parade live starting at 7:00 p.m. Councilmember Campbell mentioned that the comments of Mr. Clewley' were taken from the brochure distributed by the opponents of the EI Toro Reuse Plan, of concern is the amount of erroneous information they distribute, stated that the FAA would not permit an airport operation unless it was safe, of greater concern to many is if the airport is not built, there is considerable traffic through this City now, there are fourteen lanes on the 405 Freeway, the proposal is to go to sixteen, if there is no El Toro reuse the 405 could widen another two lanes, that would require encroachment into College Park East, this area should not have to assume the burden of South County. She announced Saturday, December 11th as the date of the Holiday in Heather Park, Santa will arrive at the Park via fire engine, there will be crafts, refreshments and more. councilmember Campbell wished all a happy Thanksgiving holiday. Mayor Yost provided each member of the Council with a tree ornament for the holiday season. He explained that there were no warrants nor financial report on the agenda because the person preparing those was ill this past week and the City Manager was out of town, also announced that if one is a senior citizen having an annual household income of less than $33,132, complete relief from the utility users tax is now available. Mayor Yost mentioned the time that his wife had come to the meeting as a result of a phone call to his home to complain about a ,decision he had made at that meeting, he explained that his wife does not watch the meetings and was puzzled why the person would be calling to complain to her and suggested that they come to the meeting and make their statements personally. with regard to being unable to reach him, said he has a home and City Hall phone line, E-mail, a pager, a web page for local information, and thus far has had no problem with people being able to contact him. Mayor Yost said for the next meeting he has requested that the tennis club information be presented, there has been a committee working on options for that site, and,if the referendum fails and that becomes a park for the City the people should be aware of what is proposed, he spoke with members of that committee and they had no problem sharing the concepts. Councilmember Campbell objected, asked that that not be done, any concepts should go to the people of College Park East for decision, the committee discussions just dealt with what would go into that park. Mayor Yost stated that this would be a City park, he 'wants to put the information out to the people of the City at the next meeting. Mayor Yost mentioned also that he would be out of town for the first meeting of December. I I CLOSED SESSION The City Attorney announced that the Council would meet in Closed Session to discuss the items identified on the agenda, a conference with legal counsel relating to existing litigation pursuant to Government Code Section 54956.9(a), a conference with legal counsel with regard to anticipated 11-22-99 / 12-13-99 litigation pursuant to Government Code Section 54956.9(b), and a public employee performance evaluation of the City Manager pursuant to Government Code Section 54957. By unanimous consent, the Council adjourned to Closed session at 7:57 p.m. and reconvened, at 9:03 p.m. with Mayor Yost and councilmember Campbell not present. The City Attorney I reported the Council had discussed the items previously identified, gave direction to the City Attorney, and no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting at 9:04 clerk Approved: qyM Attest: I Seal Beach, California December 13, 1999 The City Council of the City of Seal Beach met in regular session at 7:01 p.m. with Mayor ProTem Doane calling the meeting to order with the Salute to the Flag. ROLL CALL 'Present: Mayor ProTem Doane Councilmembers Boyd, Campbell, Snow Absent: Mayor Yost Boyd moved, second by Doane, to excuse the absence of Mayor Yost from this meeting. AYES: NOES: ABSENT: Boyd, Campbell, Doane, Snow None Yost Motion carried I Also present: Mr. Till, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, Director of Public Works/City Engineer Chief Sellers, Police Department Chief Cushman, Lifeguard Department Ms. Beard, Director of Recreation and Parks Ms. Yeo, City Clerk