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HomeMy WebLinkAboutCC Min 1996-02-26 2-12-96 I 2-26-96 lawsuit, in general terms the City is not liable for dangerous conditions on private property, therefore it would be recommended that there be an attempt to resolve this problem with the property owner before an incident occurs. There being no further comments, Mayor Hastings declared Oral Communications closed. ADJOURNMENT It was the order of the Chair, with adjourn until Monday, February 26th Closed Session if deemed necessary. by unanimous consent at 10:00 consent of the Council, to at 6:30 p.m. to meet in The meeting was adjourned I Approved: Clerk and ex-o of Seal Beach of the Attest: Seal Beach, California February 26, 1996 I The City Council of the city of Seal Beach met in regular adjourned session at 6:35 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings' Councimembers Brown, Laszlo Absent: Councilmembers Doane, Forsythe Brown moved, second by Laszlo, to excuse the absence of Councilmembers Doane and Forsythe from this meeting. AYES: NOES: ABSENT: Brown, Hastings, Laszlo None Doane, Forsythe Motion carried Also present: Mr. Till, city Manager Mrs. Yeo, City Cl,erk I APPROVAL OF AGENDA Brown moved, second by Laszlo, to approve the order of the agenda as presented. AYES: NOES: ABSENT: Brown, Hastings, Laszlo None Doane, Forsythe Motion carried I I I l!'O:~~ . .' ~~~,'f/;i . . . 2-26-96 ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION It was the order of the Chair, with consent of the Council, to adjourn to Closed Session at 6:37 p.m. to discuss the items identified on the aqenda, a conference with the city's labor neqotiator relatinq neqotiations with the Police Officers' Association pursuant to Government Code section 54957.6, and to confer with the city's real property neqotiator, pursuant to Government Code section 54956.8, reqardinq the pric~ and terms of payment for the 1st Street beach concession between Michael E. Balchin and the City of Seal Beach. The Council reconvened at 6:58 p.m. with Mayor Hastinqs callinq the meetinq to order. The City Attorney reported that the Council had discussed the items identified on the aqenda and had qiven direction to the City Manaqer with reqard both. ADJOURN It was the order of the Chair, with consent of the Council, to adjourn the meetinq at 6:59 p.m. Approved: Attest: of the y Seal Beach, California February 26, 1996 The city Council of the city of Seal Beach met in reqular session at 7:07 p.m. with Mayor Hastinqs callinq the meetinq to order with the Salute to the Flaq. ROLL CALL Present: Absent: Mayor Hastinqs Councilmembers Brown, Forsythe, Laszlo Councilmember Doane . Brown moved, second by F,orsythe, to excuse the absence of Councilman Doane from this meetinq. AYES: NOES: ABSENT: Brown, Forsythe, Hastinqs, Laszlo None Doane Motion carried Also present: Mr. Till, city Manaqer r Mr. Barrow, City Attorney Mr. Whittenberq, Director of Development Services 2-26-96 Mr. Badum, city Engineer/Director of Public Works Chief stearns, Police Department Captain Maiten, Police Department Mrs. Yeo, City Clerk APPROVAL OF AGENDA I Mayor Hastings requested that Item "I" be removed from the - Consent Calendar, and Councilmember Forsythe requested that Item "L" be removed. Brown moved, second by Laszlo, to approve the order of the agenda as presented with the exception of Items "I, and L", removed for separate consideration. AYES: NOES: ABSENT: Brown, Forsythe, Hastings, Laszlo None Doane Motion carried ORAL COMMUNICATIONS Mayor Hastings declared Oral Communications open. Mr. Ken Anderson, Leisure World, provided written information to the Council and claimed that Leisure World no longer has a viable cable contract. The Mayor inquired if this is an issue that should be taken up with the Golden Rain Foundation and Leisure World administration in that the Leisure World cable contract is separate from that of the City. Mr. Anderson said he had taken the contract and the City franchise to the Leisure World offices and had spoken to the Golden Rain Board as well. He spoke of the cable rate increases over a period of years, said in recent past Leisure World assumed the collection of cable service payments, then Comcast deleted the basic service tier, which he claimed to be a violation of federal law, and raised the rates, I stated once again that the Leisure World rates should be lower than those of the city because the system is undergrounded, Comcast then promised a $3 reduction when subscribership reached three thousand, that did not occur, Comcast threatened to delete four popular channels, and then, the subscribership was raised to four thousand five hundred. Mr. Anderson said page twenty- eight of the city franchise provides that upon expiration of the Leisure World contract all provisions of the city franchise applies to Leisure World, stating that the fate of Leisure World television will now be in the hands of the City Council, and the City Manager is certified to negotiate the basic service on their behalf. It was the understanding of City staff that the Leisure World cable contract has always been separate from that of the city. Mr. Ed Simmons, Seal Beach, said he wished to present his thoughts on the berm, the sea wall and the beach, and provided a picture from 1983 to the City Manager for review. He spoke of the negative aspects of the berm and the beach for the past fifteen years, a cost of $8,000 plus yearly to build and take down the berm, $120,000, Moffatt and Nichol studies over the years, the cost of which unknown to him, the dollar value of City staff unknown but likely extensive, recent sand replenishment was $100,000 and washed away the next week. He claimed the loss of the sand berm has been greater than the flat beach, the wave action will wash over the beach unless it is so I massive it can not be changed, the view for Seal Way residents is unsightly, the beach can not be cleaned with the berm in place, which it is the majority of days per year. He said he did not believe what the City is doing with regard to the sea wall is correct, negatives of the sea wall, it is breaking apart, there is rusted and decayed fencing, it is the major cause of unsanitary waters on the north side of the pier, that issue has been proven and no one cares, and said instead of spending money on extending the sea wall, replenishing sand, and putting up the berm, asked why not go to the State or other agencies and seek money to resolve the problem. Referring to I I I ~, .......~t!-!!~........". -.:' 2-26-96 the picture, he stated that one hundred feet in from the lifeguard tower one can see wave action higher than the pier, which he claimed was the major cause of the pier destruction in 1983. He stated also that the sand buildup at the seawall is about six to seven feet to the bottom of the pier, has progressed another fifty to sixty yards in recent months, therefore the sand action is working and building up, which could again cause destruction of the pier with wave action, also it does not justify keeping the seawall. Mr. Simmons said he moved to Seal Beach because of the ocean, that is what made Seal Beach, at this point the beach is no longer part of the Seal Beach program, however there is rumor of reworking the beach, which he said would be a positive move. Mr. Simmons requested that the Council and staff look into his comments with regard to the money that has been spent, which he claimed could have been put to better use. Ms. Dorothy Whyte, College Park East, recalled her inquiry at the last meeting as to whether it was appropriate for a Council member to endorse a candidate in their newsletters, to that she read excerpts of endorsements from two newsletters and political statements from another, she objected to statements directed towards other potential candidates, and comments in a news article relating to homes proposed to be built in the middle of the Bixby golf course, a statement she deemed to be false. Ms. Whyte made reference to provisions of the California Government Code, specifically that newsletters or mass mailings sent at public expense are prohibited, mass mailing defined as the distribution of two hundred pieces or more, to which she pointed out that there are seventeen hundred homes in College Park East, delivery can be by any means including postal mail and personal delivery, public expense is defined as $50 or more for the preparation, printing, copying, or delivery of the document, and prohibits the reference to an incumbent or incumbency. At the request of the Mayor, Ms. Whyte again described the $50 public expense provision, and claimed that the printing of seventeen hundred newsletters by private business would have cost more than $50. Ms. Donna McGuire, College Park East, made reference to her ability to purchase five hundred sheets of paper for under $10, therefore even if the Councilperson copied the newsletter at City Hall the cost would have been well within the $50 amount. There being no further comments, Mayor Hastings declared Oral Communications closed. COUNCIL ITEMS Councilman Laszlo reported that the city of Westminster has now taken a position in opposition to the El Toro Marine Base Measure "S", a proposal to defeat the previously approved airport use of the Base, a position in opposition also taken by the individual members of the Seal Beach Council. He recalled that Seal Beach voters had approved the measure in support of airport use of El Toro by more than a sixty-two percent margin, at this time it is anticipated that twenty-three cities will oppose Measure "s" while about eight will support it. CONSENT CALENDAR - ITEMS "B" thru "M" Brown moved, second by Laszlo, to approve the recommended action for items on the Consent Calendar as presented, except items "I" and "L", removed for separate consideration. B. Approved the waiver of reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers unless specific request is made at that time for the reading of such ordinance or resolution. 2-26-96 C. Approved regular demands numbered 11677 through 11821 in the amount of $1,147,340.86, payroll demands numbered 15603 through 15780 in the amount of $236,217.39, and authorized warrants to be drawn on the Treasury for same. Approved the minutes of the February 12, 1996 regular adjourned and regular meetings. E. Held second reading and adopted Ordinance Number 1402 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 2A OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO ALARM SYSTEMS." By unanimous consent, full reading of Ordinance Number 1402 was waived. I' D. F. Received and filed the staff report relating to AB 616, Residential Building Occupancy Standards, and authorized the Mayor to sign a response letter in support of AB 616 on behalf of the City. G. Received and filed a status report relating to the Orange County Mortgage Credit Certificate Program. H. Received and filed the staff report relating to S.652, the Telecommunications Competition and Deregulation Act of 1995, and instructed that same be forwarded to the Planning Commission for information purposes. Authorized participation in the local government coalition relating to an offshore oil drilling ban and, subject to the availability of funds, directed staff to allocate $2,000 as part of the 1996-1997 fiscal year budget, and designated the Director of Development Services to serve as the representative to the coalition. I J. K. Permitted the Seal Beach Host Lions Club to conduct a Western Casino Night fund raising event on March 2nd, 1996 at the Marina Community Center from 7:00 p.m. until 11:00 p.m. M. Declared the District Three position on the Seal Beach Cable Communications Foundation to be vacant as a result of the resignation of Ms. Betty Dahlin. AYES: NOES: ABSENT: Brown, Forsythe, Hastings, Laszlo None Doane Motion carried I ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "I" - MONTHLY INVESTMENT REPORT Mayor Hastings inquired if the Bank of America offers an interest bearing checking account, suggested that some monies be invested in Treasury Bills or other safe investment vehicles where even a small amount of interest could be realized, possibly retain the services of investment counselors. I I I ftIt""'1 j 'j';1.,'0... I . ,I ." , , "J.lU~.. 2-26-96 ITEM "L" - BOLSA CHICA EIR - PRELIMINARY COURT DETERMINATION Councilmember Forsythe surmised that Judqe McDonald had reviewed all arquments relatinq to the Bolsa Chica EIR, she noted however his indicated intention to issue a writ of mandate requirinq additional information and the County to re-circulate an EIR only as it relates to the tidal inlet, and inquired if that was not the same reasoninq attached to the Traffic Studies. The Director of Development Services responded that he believed there were six or seven issues relatinq to the adequacy of the EIR to be reviewed by Judqe McDonald, the only one he felt was not adequate in accordance with CEQA provisions was that the project description and evaluation did not include the tidal inlet, rather was referenced as to prior studies in one section of the document while another section stated there would be no tidal inlet in the project, and due to that confusion the Judqe preliminarily determined that the document would need to be recirculated. He clarified that the Judqe went throuqh each issue and explained why the concerns set forth in the lawsuit were not persuasive to him, the school district issue had been separated out, a settlement conference took place, and it is understood there was settlement of that matter with the Xoll Corporation. The Director advised that it will be necessary to wait for the issuance of the final writ to determine if the decision of the Judqe applies to the entire EIR or just portions thereof, also the attorneys will be qoinq back to court on the reimbursement of court costs issue. Brown moved, second by Forsythe, to approve the recommended action for Item "I", receive and file the Monthly Investment Report for December, 1995, and Item "L", receive and file the status report reqardinq the preliminary determination of Judqe McDonald on the Bolsa Chica Environmental Impact Report. AYES: NOES: ABSENT: Brown, Forsythe, Hastinqs, Laszlo None Doane Motion carried ORANGE COUNTY 800KHz COMMUNICATIONS SYSTEM - CONCEPTUAL AGREEMENT The City Manaqer reported that planninq and research of the 800KHz system has been onqoinq for nearly a decade, the oranqe County cities currently usinq a 460KHz communications system that is more than twenty years old, in need of costly repairs and often failinq. Planninq for the 800KHz has involved every city as well as the County to develop a lonq term system that will meet the needs of all aqencies for years to come, and at this point all of the Oranqe County cities have aqreed to join the system, however Seal Beach is facinq the prospect of beinq left out unless nearly three quarters of a million dollars, payable over a period'of five years, can be identified to cover its cost, otherwise Seal Beach will need to bear the burden of keepinq the current 460KHz system in operation. He noted that there is presently no cost to the city for the 460KHz as the County provides it, however with the conversion to the 800KHz they will no lonqer offer that service at no charqe. The Manaqer pointed out that Seal Beach is in a unique position as compared to the other Oranqe County cities in that this City has been unable to set aside monies for entry into the 800KHz system, yet there is no question as the need to be party to that system which will be used for years to come, considerinq its value to preservinq public safety, and in the lonq term will be more cost effective than the present system. He stated however that he could not recommend enterinq into formal aqreement at this time without havinq a secured fundinq source, yet would suqqest that approval be qiven to join the 800KHz system in concept, and direct the City Manaqer and Police Chief to serve as lead advocates to study the cost savinqs and operational 2-26-96 improvements that could be realized with the consolidation of dispatch operations of three or four cities, the cost savings to Seal Beach could be in the range of $125,000 annually as well as on-going, noting that this type of dispatch concept had been studied to some degree in the past. Mayor Hastings asked if the dispatch center would be located in Seal Beach. The Manager responded that that is unknown as yet. Chief Stearns explained I that these discussions have merely just begun, when this concept was looked at about four years ago the major drawback was that none of the four cities had an acceptable or compatible records system, now the cities of Los Alamitos, Cypress and Seal Beach are on the same system. If the center were located in Seal Beach, Mayor Hastings inquired if the other participating cities would pay Seal Beach for the service or would there be a cost to the City if located elsewhere. The Chief mentioned that the thought had been that the other jurisdictions would contract for the service with Seal Beach, Seal Beach assuming the budget, personnel, and other functions or a Joint Powers Authority could be formed with each participant having an equal voice in the program, if the center were in this city the contractual costs would include a percentage of the use of the facility, utilities, etc., and if off-site there would be a similar cost sharing agreement. In response to Councilman Laszlo, the Chief advised that there are presently five dispatchers in the Department, they contract for part time, there is also a recruitment for sixth, allowed position, if there was a joint dispatch it is likely Seal Beach would not need the number of personnel it does now, the joint operation may necessitate fifteen dispatchers to operate a four-station console, with two of those stations staffed twenty-four hours a day. Councilman Laszlo recalled that some years back the Department was allowed seven dispatch positions, now there is only six. Councilmember I Forsythe recalled a past discussion relating to medical aid where, due to the location of Seal Beach in relation to the County line, emergency services could not be obtained from the City of Long Beach as an example because they were not allowed to cross that line, and given the amount of the 800MHz investment, inquired if Seal Beach would still not be compromised for emergency services because of its location, emergency calls funneled through the Orange County system which she felt would not be as efficient as if they were transmitted to the closest station. The Chief responded that Los Alamitos, Westminster, Huntington Beach, and Orange County Sheriffs are usually relied upon for mutual aid, occasionally the Long Beach K-9 and helicopter services are utilized. The Chief explained that the Fire Department is already on the 800MHz system, the new system will add frequencies for both police and fire, at present the fire system has the capability of transmitting only from their trucks, was not designed to transmit from inside buildings as opposed to law enforcement which demands that there be the ability to transmit and receive from inside buildings, the new system will also provide that capability to paramedic services. The Chief clarified that 911 calls ring directly into the Police Department, those calls then transmitted via 911 to the Fire Department. Councilmember Forsythe again asked why emergency medical response can not be obtained from the nearest I source even if it is across a County line. The Chief explained that the Fire Department is different from the Police Department with regard to mutual aid in that they utilize the closest station and trucks, even over County boundaries. Councilmember Forsythe again made reference to the sizeable financial commitment for this system as it relates to the potentially short period of time before the equipment is considered obsolete, also questioned the benefit as far as emergency response unless it is opened up to all cities regardless of county boundaries, joint powers and mutual aid agreements, etc. The Chief suggested that some of the concerns and questions I I I '"t::"'.~~ . .,' l~r IU;,~' , ~. ~ .II::. ~;' \" . \ . I i!H!l." 2-26-96 should be directed to Fire operations, their system to benefit from the 800MHz as well, and confirmed that the present system is outdated in that it was designed for a fifteen year use and it has now been in operation for twenty-two years. with regard to the Los Angeles County and Long Beach systems, the Chief reported that some are 800MHz, some are the 460, they have never had the capability to communicate city by city as Orange County has, and pointed out that during the recent riots the cities in Los Angeles county did not even have the ability to communicate with the closest station or the Sheriff. Councilman Laszlo noted a similar communication problem during the 1994 floods and the closing of Lampson Avenue. Councilman Brown cited his involvement with the 800MHz system as a result of his participation in the Orange County Fire Authority, and spoke for approving the proposed Option Two at this time, stating that if the County is not advised of our intended participation Seal Beach will be out of the program for an indefinite period of time, and in the meantime some creative financing needs to be identified. Hastings moved, second by Brown, to approve in concept the Joint Agreement for the Implementation and Operation of the Orange County 800MHz Countywide Coordinated Communications System, and directed the city Manager and Police Chief to initiate a process for consolidation of police dispatch services with neighboring cities. AYES: NOES: ABSENT: Brown, Forsythe, Hastings, Laszlo None Doane Motion carried It was the order of the Chair, with consent of the Council, to declare a recess at 8:09 p.m. The Council reconvened at 8:18 p.m. with Mayor Hastings calling the meeting to order. PUBLIC HEARING - DEPARTMENT OF WATER and POWER SPECIFIC PLAN - AMENDMENTS I NEGATIVE DECLARATION 95-5 The Director of Development Services presented the staff report and recommendations of the Planning Commission to adopt Negative Declaration 95-5 and proposed amendments to the Department of Water and Power Specific Plan. He explained that in 1982 the City adopted the DWP Specific Plan as it presently exists providing that the northerly thirty percent of the property be designated for development, that development allowing a hotel use up to a maximum of three hundred rooms with a provision that the number of rooms could be increased by an action of the City Council, allows restaurant and banquet facilities, the banquet room, to accommodate up to three hundred fifty persons, a required rather than an option of the development, the southerly seventy percent of the property is designated for public recreation facilities pursuant to the permitted uses for Public Land Use under the Zoning Code, allowing park and recreation purposes, City facilities of a non-recreation nature, and concession uses subject to City Council approval. The Director explained further that the City and the Department of Water and Power commenced a process in 1989 to develop a request for developer proposals for the DWP property pursuant to the provisions of the Specific Plan, the reason for that joint effort was that the Department of Water and Power, having ownership of the property, had indicated their interest in a long term lease agreement for a hotel operator, and clarified that the property is within the Riverfront Redevelopment Project Area therefore the Redevelopment Agency is required to approve any plans for the site. After a considerable period of discussion as to whether it was economically feasible to seek development proposals at that time, given the state of the economy, the request for proposals document was presented to the 2-26-96 Aqency for consideration, the Aqency determined that the Specific Plan should be reviewed by the DWP Specific Plan Advisory Committee, the Committee commenced its review to determine if the existinq provisions continue to be valid for the community qiven the lenqth of time since adoption of the Plan in 1982. The Director reported that the Committee recommended a number of revisions to the Specific Plan, those I recommendations provided to both the Aqency and Council as it is the Council who has the authority to amend the Specific Plan, at the direction of the Council the Commission held public hearinqs, the neqative declaration was circulated, the Commission qenerally concurred with the recommendations of the Committee, all of which has now been provided to the Council. The Director de~cribed in brief the amendments recommended by the Planninq Commission: deletion of 'theater' from the existinq open-Space Uses Defined lanquaqe; reduction in the maximum number of permitted hotel rooms from 300 to 150; deletion of the clause which allows a qreater number of hotel rooms 'upon city Council authorization'; the combination of the banquet room and meetinqlconference rooms under the hotel use, that provision optional and specifyinq a capacity of 175 persons; the amendment of buildinq heiqht for the open space area to read "...maximum heiqht of a structure shall not exceed fifteen (15') feet"; a clause added at the end of Section 7.b to read "subterranean parkinq is specifically authorized, subject to approval of security measures by the Seal Beach Police Department"; amendment of the compact car provisions to read "up to 30% compact parkinq is specifically authorized, or the standard City requirements as set forth in the Zoninq Code, if qreater than 30%"; the requirement that valet parkinq be restricted to on-site; and deletion of the provision which allows for the credit of parkinq spaces in the 1st Street I parkinq lot, as it relates to the hotel use. The Director reported written testimony was received by the Commission from the Department of Water and Power as well as a comment letter to the Neqative Declaration indicatinq their concerns, primarily with the reduction in the number of hotel rooms, felt to be a takinq of their property, reducinq the use of their property to where it is no lonqer economically viable to be developed as a hotel use, and to that the city Attorney prepared a memorandum in response, their opinion that the reduction does not constitute a takinq under California law. The Commission and staff did not feel they had adequate technical expertise to determine if the 150 was an economically viable number of rooms therefore deferred a final decision on that issue to the City Council, it was also felt that if the DWP has prior marketinq studies or appraisals that indicates that 150 rooms is clearly not viable that information should be provided to the city Council durinq the public hearinq process. The Director mentioned the availability of the written statement from the DWP as well as a response to questions posed by Mayor Hastinqs. To a question of the Mayor, the Director explained that a .9 acre parcel adjacent to the San Gabriel River had previously been removed from the Specific Plan area however remains within the Redevelopment Aqency. Mayor Hastinqs declared the public hearinq open to consider I Neqative Declaration 95-5 and amendments to the Department of Water and Power Specific Plan. The City Clerk certified that notice of the public hearinq had been advertised and mailed as required by law, and reported no communications received either for or aqainst this item. Mayor Hastinqs invited members of the public to come to the microphone and state their name and address for the record. Mr. Gordon Shanks, 215 Surf Place, noted his involvement with the Department of Water and Power Committee since its inception and stated his support for most of the recommended changes. He expressed his opinion that 300 I I I ."" ." ,. '",~ ~"oi",~~': ' ;.~... , . . . . .; ~. . ,!,04~ 2-26-96 rooms are too many, there was concern as to how parking could be provided for that number of rooms, especially with a fifteen foot height limit and the likelihood of asbestos below sixteen feet, 200 likely too many as well, thus the recommendation for a maximum of150 rooms given more recent development in the area and topographical changes to the site itself. with regard to the option to provide a banquet facility, Mr. Shanks pointed out the lack of such facilities in this community, stated his opinion that to develop the hotel without the banquet/conference room would be a loss, to which he requested that banquet/ conference room be required rather than optional. Ms. Wendy Rothman, 300 Ocean Avenue, a member of the DWP Advisory Committee as well, expressed her disagreement with requiring a banquet/conference facility, citing impacts from noise and traffic in the downtown area, such a facility should be at the option of the developer. She noted also her vote against 150 rooms, that felt to be too many, to which she made a comparison to the 70 room Radisson and the Edgewater with 200 rooms on a much larger property. Ms. Rothman recalled the downzoning of the downtown area in the late 1970's, the intent of that being for the betterment of this quiet community, and suggested it would not be too much to ask the DWP, as a public agency, to do the same to their property. She made the comment that less is more, the lesser number the nicer facility with less vacancies, to which she urged that the number of rooms be restricted to 150 or less. She also urged participation in the upcoming city election. Ms. Carla Watson, 1635 Catalina Avenue, recalled that years ago the DWP site was envisioned as a pleasure place, at that time one of the last bluffs on the coast. She stated considerable effort was made to have the property designated as a high priority of the Coastal commission, it was hoped they would purchase the site so that it could be only open space, inasmuch as that did not happen a group called the San Gabriel Pacific Park Society was formed and they developed a compromise plan. Ms. Watson noted that the Department of Water and Power has had years to develop this property, the Society encouraged them to develop the site, now the community and the surroundings have changed and it is time to downsize. Mr. Brian Brown, 1009 Seal Way and District One representative to the Planning Commission, stated he had argued strongly for the 150 or less allowable rooms, which he too made comparison to the Waterfront Hilton and the Radisson, 300 rooms the equivalent of three times the Radisson, and the Hilton having financial difficulties even though located on Pacific Coast Highway. He cited 300 rooms as inappropriate for the size of the property, would not fit with the adjacent residential neighborhoods or the community as a whole, the resulting congestion not appropriate for the area as well. Mr. John O'Neil, 395 Clipper Way, offered that he moved to Seal Beach to get a little clean air, said he could not understand how a hotel of any size could be built downwind of him, air pollution his main concern. Mr. Gary Langewisch, Assistant Manager of Energy Support Services, Department of Water and Power, stated as a property owner in Seal Beach the DWP has some serious concerns with the negative declaration and amendments under consideration, the new direction and zoning requirements for the DWP property, and their comments were previously presented in written form dated October, 1995. Mr. Langewisch said as any property owner the DWP is concerned with any action that reduces the value of their property, they are not willing to just give property away, it is believed that the existing Plan is restrictive enough, particularly the seventy/thirty split, and there is no reason for what is now being proposed. He said the DWP feels that to impose additional restrictions on this site before the development potential under the existing restrictions has been tested is inappropriate and unreasonable, such restrictions have the potential of denying the property of economically viable uses, asked that the Council 2-26-96 not approve the negative declaration or proposed changes to the Specific Plan, instead, allow the development experts determine the best development and use of the property pursuant to the current, approved Specific Plan, which does not necessarily mean 300 rooms, rather, whatever fits on the property, then an informed decision can be made as to what is best for the entire community. He noted their objective remains as it has been for I many years, to make this property available for development in a manner that would be an asset to the community and provide DWP a fair value, and the DWP remains willing to sell this site to the city for subsequent development in whatever manner the City may choose, or to a private party, recognizing that any ultimate use will still be subject to approval by the City. Mr. Langewisch again urged that no action be taken on the recommendations before the Council. In response to Council, Mr. Langewisch stated that although he was not involved in the Real Estate Division he imagined the worth of the property would be in the area of $4 million. Mayor Hastings offered that if the property could be sold for $4 million it would certainly not be considered a taking given the original value of the site, and Councilman Laszlo said he believed an appraisal figure before removal of the hazardous materials was around $3 million. Mr. Langewisch concluded that there are factors involved in this property, the economics of the 1980's but one, deregulation of utilities another, also the DWP can not afford to have vacant properties that are not adding to their business. Ms. Carla Watson, pointed out that the original property has been tampered with, there is no longer a bluff, therefore does not likely carry the value it once did, again stated that DWP had been encouraged to develop the site, the society often wondering how the DWP could just allow this property to sit idle, and mentioned that properties no longerhave the value they once did, I which needs to be kept in mind. Ms. Rita Strickroth, 343 Regatta Way, President of the Riverbeach Townhomes Association, mentioned that the DWP site is directly adjacent to their residences and in addition to the condominiums on First Street are the most affected. She said 300 rooms needs to be given serious consideration, even if seventy percent occupied, pius staff and quests, it is also understood the hotel entrance will be off Marina Drive, that traffic, deliveries, etc. will impact Riverbeach as well. Ms. strickroth said she recognized that DWP owns the property, they have the right to sell it, yet the residents have a right to say what goes on in their neighborhoods as well. She stated her opinion that a win/win situation was negotiated with Unocal and she felt that could be accomplished with the DWP as well. There being no further comments, Mayor Hastings declared Oral Communications closed. Mayor Hastings made reference to deletion of the theater from the existing "Open-Space Uses Defined" language and then to uses allowed by the Public Land Use/Recreation section of the zoning ordinance, and requested that the Public Land Use uses of the Specific Plan be deleted and replaced with "passive public park, open space, green belt, nature trails, flower beds, and benches" for the seventy percent open space area; agreed that the banquet facility should be optional; delete the fifteen foot building I height in the seventy percent open space, suggesting that nothing should be built in that area that would impede the view, no buildings, no concessions, etc.; and with regard to the restriction of valet parking to on-site, said she felt that was somewhat restrictive, suggesting that for single events held in the banquet facility it may be advisable to make parking spaces, for a fee, available in the First Street parking lot, at the discretion of the City Manager. Councilmember Forsythe agreed with Mayor Hastings with regard to limiting the uses of the designated open space area to those she described, concurred with the reduction of hotel rooms from 300 to 150 as well as I I I .BIt' ,~,. 't"'. :. 1"\":,.' ,:.". '. '( . :.0',,, t... ~ .Ii; ~jl 2-26-96 deletion of the clause allowing a greater number upon Council authorization, agreed that the banquet facility should be optional, however disagreed with allowing parking in the First street lot for special events, stating that if a facility can not be designed to accommodate what is within its compound it should not be built. with regard to compact parking, the Director of Development Services clarified that the City's requirement is twenty-five percent, the Specific Plan requirement is thirty percent, to which Councilmember Forsythe expressed her preference that the number of compact spaces not be increased, that there be more standard spaces, a number of spaces that would accommodate the structure, and pointed out that the Coastal Commission could object to using the First Street lot to subsidize special events at the hotel complex. She agreed with the statement that smaller is better, stating that there are things that can be developed on this property, something small, classy, quaint, exclusive, as the DWP parcel is a special and valuable property, her thought being that it should not be abused with too large events. The Mayor said her thought had been that with banquet/conference room facilities the attendees may opt to park on the adjacent neighborhood streets if additional parking was not available. To the question as to why a negative declaration rather than an environmental impact report, the Director explained that in 1983 an EIR was prepared, that document was evaluated and updated, an initial study was conducted, and the impacts were found to not be at a level that would require a new EIR, confirmed that the Council has the ultimate authority to require an EIR when there are significant environmental impacts identified in the initial study, confirmed also that a traffic study was done in conjunction with the 1983 EIR and the impacts of the revised Specific Plan are less 'than then. He stated that a copy of the initial study is included in the staff report, the 1983 analysis indicated that the level of service change was .31 to .36, or level of service 'A', the city and county standards for significant environmental impacts is a level of service 'D' or greater, therefore the level of service for a 300 room hotel project was level 'A'"and given the proposal to reduce the use to 150 rooms it was determined that the level of service would not be reduced to a level 'D'. Councilman Laszlo recalled the efforts of many prior to the adoption of the DWP Specific Plan in the early 1980's, the process involving the Coastal Conservancy and a number of citizens, the result of the effort being the designation of seventy percent of the site open space, public access and recreation, and thirty percent hotel, the open space/recreation area was to include a lagoon, fishing platform, a bike path, a youth hostel, shuffle board, etc., and stated he remembered only discussion of a maximum of 150 hotel rooms, not 300, and the open space was meant to be a passive park, there was discussion of financing through a potential for the sale of a small number of condominiums, etc. He confirmed that tremendous effort was put forth over a number of years to move the Department of Water and Power towards development of the site, the city had an appraisal done of the property, now they want the City to honor their concerns, however the fact remains that the site is public property, paid for by all citizens of California. Councilman Brown concurred with the recommendations as revised by the city Council. The City Attorney suggested a motion for staff to make changes to the resolution, Plan, and negative declaration as directed by discussion of the Council to be presented for consideration at the next meeting. with regard to elimination of the height limit in the open space area, the Director noted that the Advisory Committee had concerns with buildings in that area, however if not buildings there could be structures, and pointed out such things as light standards, a gazebo cover over the 2-26-96 picnic area, etc. Mayor Hastings stated her desire that all buildings and structures be eliminated from the open space area. Hastings moved, second by Brown, to direct staff to make the necessary amendments to the Specific Plan and Negative Declaration resolutions/documents to reflect: 150 hotel rooms, deletion of Council authorization for additional rooms, optional I banquet facility, no buildings in the seventy percent open space area, revised language relating to building height, additional language relating to subterranean parking, parking to be on- site, twenty-five percent compact parking, deletion of parking credits in the First Street lot. Councilman Laszlo recalled that while seeking the help of the Mayor of Los Angeles to encourage the DWP to develop their property, the City received proposals from three major hotels for the DWP site. AYES: NOES: ABSENT: Brown, Forsythe, Hastings, Laszlo None Doane Motion carried CITY MANAGER REPORTS The City Manager announced that the annual sidewalk repair project is scheduled to begin March 11th, that project to also include the sidewalk adjacent to McGaugh School~ the Request for Proposals for a cable franchise consultant will be mailed tomorrow~ thirty-nine persons were interviewed for the Retired Volunteer Program~ and the budget is in the preliminary stages. He noted that recent film activities have generated $18,000 to the City, and an insurance claim has just been filed to recover $114,000 for pier repairs resulting from the 1994 fire. CITY COUNCIL ITEMS I Councilmember Forsythe reported receiving complaints once again regarding the flight paths of aircraft over Seal Beach, and suggested that the previously adopted resolution directed towards Alaskan Airlines be redirected to Long Beach Airport objecting to the aircraft flying outside the prescribed flight paths. She noted that the sight of aircraft is lost from the radar screens when they fly outside the flight path and over Seal Beach. Councilman Laszlo noted a similar problem over College Park East on occasion. Councilman Brown expressed appreciation to Ms. Jean Betz and the Womens Club for their recent luncheon honoring the presidents of the various community organizations, thanks as well to the Chamber of Commerce and Business Association for the city Council candidate luncheon, the League of Women Voters for the upcoming Candidates Forum which will be televised, and reminded all of the upcoming election for two city Council seats on March 26th. Mayor Hastings expressed thanks for the Council support of her changes to the DWP Specific Plan. She too commended the Womens Club, . recognition of the local organizations at a recent luncheon, also announced her on-going solicitation efforts for donations to the Police Department Community Services Foundation, noting that Councilman Brown has made contact with the Leisure World administration for them to share in this effort as well. ORAL COMMUNICATIONS I There were no Oral Communications. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, March 11th at 6:30 p.m. .to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 9:54 p.m. ,'. I I I . ' ." (1 .' ."l.~* .' , 2-26-96 / 3-11-96 Approved: Attest: Seal Beach, California March 11, 1996 The regular adjourned city Council session scheduled for 6:30 p.m. this date was cancelled due to the lack of Closed Session matters requiring consideration. C Seal Beach, California March 11, 1996 The City Council of the City of Seal Beach met in regular session at 7:04 p.m. with Mayor Hastings calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Hastings Councilmembers Brown, Doane, Forsythe, Laszlo Absent: None Also present:. Mr. Till, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Badum, City Engineer/Director of Public Works Mrs. Yeo, City Clerk APPROVAL OF AGENDA Mayor Hastings requested that Items "J" and "L" be removed from the Consent Calendar, Councilman Doane requested Item "0" removed, Councilmember Forsythe requested Item "N" removed, the City Attorney noted that the appointment to the Seal Beach Cable Communications Foundation would be held over until the next meeting, and there was consensus of the Council to consider the Southern California Edison/Rockwell International presentation and Item "N", the Girl Scout proclamation, prior to Oral