HomeMy WebLinkAboutRDA Min 1988-11-21
11-7-88 / 11-21-88
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sewage, education, traffic control, police, fire and medical
facilities if this development and a ten percent increase in
population comes into the community. He also asked what the
net annual surplus was for scenarios four, five and six of
the consultants analysis, and questioned the feasibility of
an eighteen versus nine hole golf course. Mr. Mouchly
responded that the net annual surplus for scenario four was
calculated to the approximately $1.5 million, number five
was $2.7 million, and scenario six was $2.9 million, also in
reference to the golf course feasibility, he stated he had
made reference to operational costs, not capital costs. Mr.
Glover clarified that either a nine or eighteen hole golf
course could be built depending on the configuration of the
units on the site, that it should be kept in mind that the
alternatives were defined in a manner that an adequate
comparison could be made, clarifying that a full thirty-six
par, nine hole golf course could fit on the site, but to
implement the alternatives as they were phrased, the driving
range would have to be deleted. Mr. Heenan concluded his
comments stating that it should be kept in mind that the
consequences of this development will go well into the
twenty-first .century and the broad perspective of its effect
should be taken into consideration.
Risner moved, second by Grgas, that the joint/conSOlidated
public.hearing be continued to the next regular meeting,
November 21st.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
The joint session concluded at approximately 11:35 p.m.
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Seal Beach, California
November 21, 1988
The Redevelopment Agency of the City of Seal Beach met in
regular session at 6:45 p.m.
In the .absence of the. Chairman and Vice Chairman from this
meeting, the members.of the Agency agreed that Agencymember
Hunt conduct the meeting in the capacity of Acting Chairman.
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Acting Chairman Hunt led the Pledge of Allegiance to the
Flag.
ROLL CALL
Present:
Acting Chairman Hunt
Agencyrnembers Laszlo, Risner
Absent:
Agencyrnembers Grgas, Wilson
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By unanimous consent of the City Council on November 7th,
the absence of Agencyrnember Grgas was excused.
Also present: Mr. Nelson, Executive Director
Mr. Stepanicich, City Attorney
Mr. Archibold, Assistant to the City Manager
Mr. Knight, Director of Development Services
Mr. Jue, Director of Public Works/
City Engineer
Mrs. Yeo, Secretary
WAIVER OF FULL READING
Laszlo moved, second by Risner, to waive the reading in full
of-all resolutions and that consent to the waiver of reading
shall be deemed-to be given by all Agency members after
reading of the title unless specific request is made at that
time for the reading of such resolution.
AYES:
NOES:
ABSENT:
Hunt, Laszlo, Risner
None
Grgas, Wilson
Motion carried
APPROVAL OF MINUTES
Risner moved, second by Laszlo, to approve the minutes of
the regular meeting of September 19, 1988.
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AYES:
NOES:
ABSENT:
Hunt, Laszlo, Risner
None
Grgas, Wilson
Motion carried
ORAL COMMUNICATIONS
There were no Oral Communications.
ADJOURNMENT
Laszlo moved,
6 ::4,9 p.m.
,"
,
AYES:
NOES:
ABSENT :
second by Risner, to adjourn the meeting at
Hunt, Laszlo, Risner
None
Grgas, Wilson
Motion carried
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11-21-88
Seal Beach, California
November 21, 1988
The Redevelopment Agency of the City of Seal Beach met in
adjourned joint session with the City Council at
approximately 7:10 p.m.
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Present:
Mayor Hunt
Agency/Councilmembers Laszlo, Risner
Agency/Councilmembers Grgas, Wilson
Absent:
Also present: Mr. Nelson, Executive Director
Mr. Stepanicich, City Attorney
Mr. Knight, Director of Development Services
Mrs. Yeo, Secretary
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CONTINUED JOINT REDEVELOPMENT AGENCY/CITY COUNCIL PUBLIC
HEARING - PROPOSED HELLMAN LAND DEVELOPMENT
Mayor Hunt declared the continued joint/consolidated
Redevelopment Agency and City Council public hearing open to
consider Amendment Number 4 to the Redevelopment Plan for
the Riverfront Redevelopment Project, amendment to the
Hellman Specific Plan, General Plan Amendment la-88, Land
Use Element, General Plan Amendment lb-88, Open Space/
Conservation/Recreation Element, Tentative Parcel Map No.
86-349, Vesting Tentative Tract Map No. 13198, and Precise
Plan 1-88. The City Clerk reported receipt of twenty-eight
additional written.communications for- the record since the
November 7th meeting relating to this matter, a number of
which represented more. than one individual. The City
Manager stated there was no additional staff report at this
time.
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Mayor Hunt invited members of the audience wishing to speak
to this item to come to the microphone and state their name
and address for .the record, and requested that the speakers
keep in mind the five minute presentation time agreed to by
the City Council. A majority of the Councilmembers present
supported allowing the children in attendance to make the
first presentation. .Adam Reizak, 328 - 8th Street, Mickey
Renger, 210 - 8th Street, Shane Tecklenburg, 201 - 11th
Street, Alex Poff, 322 - 10th Street, Ken Morris, 1729
Crestview Avenue, Katey Bazz, 1509 Beachcomber Drive,
Katrina Dahlman, Crestview Avenue, Jessie Watcheski, 412
Marble Cove, and Stacy Daniello, 408 Marble Cove, in turn
addressed.the Council expressing their support to retain Gum
Grove Park, with each relating their personal experiences
and enjoyment of that area.
Mr. Galen Ambrose stated he was addressing the Council as a
representative of the.Gum Grove Park and Wetlands
Restoration Society, that it is their belief that as much of
the historic wetlands area should be retained as possible,
also that the park should be enlarged to eighteen acres if
not more, and that they request that the Council vote
against the Mola plan.to allow presentation of a more
appropriate plan for the City, all wetlands and a nature
park. He reported their group is forming as a nonprofit
California corporation in order to insure that once the
wetlands have been established they can play a part in the
maintenance and restoration of those areas, the corporation
also required in order-to acquire funding. He added that if
the project should be app~oved by the Council, their
organization will ask that there be only onsite mitigation,
no matter the final wetlands acreage determination, that
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there be a ten to one wetlands restoration with a minimum of
three to one. with regard to a comment of Mr. Ambrose
regarding a new wetlands map showing 24.88 acres, the
Development Services Director acknowledged there is a study
undertaken by LSA-for Mola, the Coastal Commission, Corps of
Engineers, and Fish and Game which will delineate the
wetlands for the site, and that the Council was provided
copies of a November 7th letter regarding that study. Mr. I
Walton Wright, resident of Brea .and consultant to the
Wetlands Restoration Group, submitted two maps, prepared in
1916 and 1917, for the record, and described what was shown
as historic wetlands along the coast in this area. Mr.
Wright commenced a slide presentation, pointed out the
project site in relation to Landing Hill, Seal Beach
Boulevard, Bolsa Avenue, and the San Gabriel River and
stated that approximately one third of the site is within
the historic wetlands area with about sixty percent of that
area still having remnants of wetlands plant species which
provides habitat for certain wildlife, likewise the Gum
Grove Park and grasslands providing nesting and foraging
arceas for -other wildlife species. Mr. Wright spoke at
length regarcding the differ,ent species of vegetation that
arce evidenced-on the various elevations of the property. He
noted that the area predesignated for the twenty acre
wetlands is strewn with concrcete and dredged materials from
the-Long Beach Marcina causing a buildup on the land, thus
does-not-support the salt marsh vegetation that used to
exist there, the historic soils map showing one of the
distrcibutory channels-forc the river flowing in this area,
and stated one must question the stewardship of this land
given its present-condition. Mr. Wright stated that the
source of the water into the ditch comes from the River
through-a pipe under the inlet canal where it spills out, I
noting-there is only a small amount of water that comes onto
the site and poor flushing is caused by a malfunctioning
floodgate. -He also made refercence to the Newport Back Bay,
stating that through the restoration process areas can be
r,eplanted and dredged to create the wetlands, those areas
then rcecover and regenerate rapidly, the larger the area the
higher -the diver,sity-that can be obtained. Mr. Wright again
made refercence to the wetlands map, stating that up to
ninety-five percent of those areas have been altered or
lost, that about one-third of the Hellman site was a
wetlands area-and-scattered elements of wetlands vegetation
still exist, a number of factors contributing to the
degradation of the area, and with regard to the location of
the twenty acres proposed for wetlands restoration, he said
the area is actually sump which would not contain any
wetland-resource. Mr. Wright noted discussion of ponds
within the golf course possibly being construed as wetlands,
stating these would be fresh water, areas and would be void
of any-wildlife.or benefit to-salt marsh species of plants
or animals, and that such areas should not be considered as
part of the wetlands restoration. Mr. Wright stated that
upon review of the site there appears to be somewhat more
than-thirty-five acres of wetland area, and that twenty to
twenty-five acres-would be inadequate. He added that he
felt the-liquefaction map in the EIR is somewhat I
conservative, the vegetation map prepared for the ponderosa
Plan-showing the general areas but inaccurate with regard to
acreage, the Specific Plan prepared by Michael Brandman and
Associates inadequately reflecting the wetland areas, where
the map prepared by LSA for Mola is somewhat closer in
accuracy, however still conservative, suggesting that a
field determination is needed by a responsible agency in
order to accurately establish the wetlands acreage. Mr.
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Wright referred to a California Senate Resolution that
suggests a restoration ratio of not less than 1.5 to 1,
however in some cases a 10 to 1 ratio has been considered
for certain projects, and stated that the development
proposed on the Hellman site would remove most of the salt
marsh vegetation therefore on-site mitigation should be a
requirement.
Mr. Ambr,ose objected to the replacement of existing trees in
Gum Grove with boxed trees which he stated would take away
the crown cover in the Park. He requested a copy of the LSA
map that supposedly shows 24.88 acres of wetlands. Mr.
Ambrose stated he has been in contact with agencies that
have concerns with this project, the EPA, Fish and Game,
Wildlife Service, Corps of Engineers, specifically Mr.
Steven Johns, biologist with the EPA, having said they would
like to come to Seal Beach, if invited by the Council, to
explain what their requirements are, the-other agencies as
well. Mr. Ambrose also stated he did- not believe Mola would
be allowed to build the previously proposed ponderosa Plan
as had been indicated. Mr. Ambrose asked that the
representatives from the-agencies he mentioned be invited to
address the Council. With regard to the powers of the EPA,
the City Attorney stated he had not .heard of the EPA having
a decision making roll in such projects, and offered to look
into same for the Council. The City Manager.reported that
although representatives of the agencies mentioned have not
been-in attendance at a Council meeting, the staff has had
discussions and met with-representatives of the Corps of
Engineers, National Fisheries,-National Wildlife Service,
State Fish and Game, and Coastal Commission, and that it was
made quite clear there is a pr,ocess to be followed, the
local agency-determining and making -the decision on the best
land use, then the other agencies would react to that
decision. Councilmember Risner acknowledged that the
Council has the right to make changes and the best
deter,mination possible based upon all-available information,
and suggested that if there has been tentative agreement
between the Fish and-Game and-Mola as to wetlands acreage,
she felt that information should be-made available to the
Council and incorporated into the map. Mayor Hunt noted
reference made to the ditch on the property being fed salt
water by way of the San Gabriel River, and stated it was his
observation that the water in the-ditch is the same as the
fresh water table-and that the water, from the San Gabriel
River at high tide has no way of coming back onto the
property-since the floodgate was designed specifically for
flood control purposes to keep that water out, and with
r,egard to the presence of salt in the area, the conditions
of the property in 1916 account for -some, the fill for more,
with additional salt deposits from the inadvertent ingress
of the San.Gabr,iel River. Mr. Wright did acknowledge that
much of the water coming onsite is the result of the water
table, that the-tidegate is-not closing properly and allows
a certain amount -of salt water onto the site at high tides,
also that-the alkaline flats along the ditch are there as
the result of the-high gr,ound water level on the site, that
any marine-water that comes in is-high salt content, the
dredged material also high in salt, thus the fresh water
flushing-the salts onto the alkaline flats and into the
ditch play a large part in destroying the vegetation on the
property. Councilmember Risner recalled that at one time
there was a ditch filled with brackish water that ran
parallel to the Channel and along the back of Gum Grove
Park, that ditch now filled. Mr. Wright stated he believed
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that-was a small ditch that once collected the runoff from
the agricultural areas of the site.
By unanimous
at 8:15 p.m.
Hunt calling
consent of the Council, a recess was declared
The Council reconvened at 8:29 p.m. with Mayor
the meeting to order.
Mrs. Beverly Casaras, Marvista Avenue, stated she was in
favor of developing the Hellman property, however noted the I
single family homes proposed do not provide sufficient off-
street parking, that there should be an alley between the
homes as in Bridgeport, thus allowing parking in the front
of the residences. In response to a question of Mrs.
Casaras, the City Attorney explained that the Council is
considering the development plan as submitted by the
applicant which includes six hundred sixty condominium
units, as well as the recommendations made by the Planning
Commission which includes deletion of sixty condo units, and
when the City Council considers and-acts on-those
recommendations they could become conditions of the map, the
map then would be amended to conform to the-conditions of
approval. He added-that the Council-can make a number of
changes to the project that do not have to-be referred back
to the Planning Commission unless those changes are
significant or-substantial. Also that it was his
understanding that-the developer proposed to move the
location rather than delete the sixty condominium units, and
that it -will be-the decision of the Council as to whether or
not it chooses to follow the recommendation of the Planning
Commission. In response to Mrs. Casaras' question regarding
the-lot size-of -the single family homes, the Development
Services Director responded that the Specific Plan for this
property provides for a minimum size-of thirty-six feet by I
one hundred twenty feet, and the three story-height being a
development standard reviewed and approved by the Planning
Commission-and City Council. Councilmember Risner stated
that -the amended Specific Plan was a culmination of what was
approved in 1987, completed and filed with the City in
February-1988, however she did not recall approving a three
story-maximum-height for the single family homes. Mrs.
Casaras reported she has heard there are a number of
lawsuits against this developer, questioned why the
developer 's-property in Huntington Beach has not sold, and
suggested that possibly the units are too small or that
legal actions do in fact exist, in which case the National
Mortgage-Association will not-lend money. Mrs. Casaras
emphasized-that her concerns with -this project relate
basically-to the financial aspects. She stated a
condominium complex will sell quickly if that is what people
want, the problems arising when it-comes to resale, if the
occupancy rate is lower than a sixty-five to seventy percent
there is -no financing, stating further that stacked condos
do not-work. She advised that a house on the Hill could
sell for much more than is projected for the single family
homes in this project. Mrs. Casaras urged that a proforma
be required from the developer, that there be no stacked
condos and no three story dwellings, stating that what is
needed-is a first-class development on the Hellman site, and I
submitted information to the Council regarding what she felt
were quality golf courses.
Mr. Larry Mueller, 142 - 11th Street, acknowledged that some
development of the Hellman property-is inevitable, also that
the-Council-is trying to accommodate all of the special
interests in the City. He-stated however -that-his neighbors
do not want six hundred sixty small apartments, and pointed
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out that Gum Grove may be cut in half, there will be
increased traffic congestion, reduced safety services, which
may be the compromise for an eighteen hole golf course,
where three hundred homes, eighteen hole golf course, twenty
acres of wetlands and a full size Gum Grove Park would be an
ideal development. Mr. Muelle~ made reference to the
consultant report that set forth five alternatives to the
proposed Mola plan using the industry standard of fifteen
percent profit margin, twenty-five pe~cent return on
investment, and a constant sales price in each scenario, and
noted specifically that scenario three with two hundred
seventy-eight homes, golf course, wetlands, and full Gum
Grove Park was determined to be unattractive because of the
reduced profit to the developer. Mr. Mueller stated he felt
that the price used in the analysis for the single family
homes of $450,000 was low, that $600,000 to $700,000 was
more realistic, and suggested if Scenario Three were
evaluated at even $550,000 the developer would realize more
than twenty-seven million dolla~s more on his investment,
and City revenues would be increased more than what is
presently predicted. Mr. Mueller asked that the Council
give serious consideration to the Scenario Three concept in
lieu of the plan under consideration. Ms. Dorothy Geisler,
Leisure World resident, stated her friends and neighbors
signed a communication .to the City Council supporting less
condominiums, a ten -acre Gum Grove Park, with the remaining
acreage for a nice-golf course. She reported concern with
the six hundred square foot condos, which she suggested
could be combined for larger units, and spoke in support of
the Scenario Three concept. Ms. Susanne Andre, 1300
Crestview Avenue, stated most people do not support the
project proposed, .and that the.nume~ous people who have
supported Gum Grove Park retention have had their wishes
ignored. She noted that what was a 10.4 acre nature park
before the development .proposal-no longer exists, that there
is no mention of a park-in the acreage distribution, Marina
Hill being the only area--in the City that will not have a
park, a golf course proposed at the expense of the existing
park, to which she expressed her strong objection. Ms.
Andre asked that the City Council vote against the present
plan, and direct that Scenario Three with two hundred
seventy-eight homes sold at a realistic price, wetlands,
park, and golf course be developed. .Mr. Chris Davis, 1712
Coral Place, asked that the Council not change any existing
laws until the Mola project is voted upon. He spoke
regarding the proposed reduced size of Gum Grove Park and
the Hellman offer to sell an.additional five acres of land
to the City for recreation.purposes .but only after approval
of the Mola project. -He expressed-concern with building in
the area of an earthquake-fault, increased traffic, and the
availability of water, stating it is imperative to control
the number of people that move into an area. Ms. Charlotte
Clark said she was a biologist by profession and president
of the Orange County Fund fo~ -Enviornmental.Defense, a non-
profit organization which consists of approximately thirty
groups with environmental interests and seven hundred
individuals, their objective to preserve open space and
provide a legal defense fund for various efforts in the
County. Ms.. Clark expressed the support of their group for
the citizens of Seal Beach in their quest to preserve Gum
Grove Park and to restore a wetlands habitat, pointing out
that although economics is an important concern, other
cities along the coast are saving parks and preserving
wetlands and. have not-gone b~oke. Ms. Clark stated that
some of the most expensive.homes in Orange County are
located in areas overlooking open space. She advised that
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once wetlands ar,e established there-is very little cost for
maintenance, the Long-Beach 2020 Plan, the-Coastal
Conservancy and -independent conservancies all being possible
resources to r,estore and maintain the wetlands, also an
assessment district, use of the -California Conservation
Corp, or, establishment of a-r,edevelopment distr,ict being
other possibilities, or -a commercial-development combined
with with a community overlooking the wetlands may be as
lucrative and acceptable-as what is presently proposed. She
added that with a combination of fresh water -and salt-water
habitat on this valuable parcel of land there is tremendous
potential for a variety of wildlife to exist. Ms. Clark
offered to serve the City in any advisory capacity that may
be desired.
Ms. Mary Parcell addr,essed the Council on behalf of the El
Dor,ado Audubon Society, a local chapter of the National
or,ganization with a-membership of fourteen hundred. -She
stated-the Hellman-pr,operty-includes -wetlands which are the
last remaining segments of the once vast Los Alamitos Bay of
twenty-four,-hundred acres of-mud flats, salt marsh, and
tidal-lagoons. - She-offered -that-wetlands are an important
public r,esour,ce that are -disappearing- at an alarming rate
and that one-third-of-the endangered species depend on
wetlands for some portion-of their, life cycle, that wetlands
also control floods, reduce erosion, recharge ground. water,
and improve.water, quality. Ms. par,cell stated a priority of
the-National Audubon Society is.restoration and preservation
of the r,emaining wetlands, and that the California
Department of Fish and Game.have stated that the eucalyptus
gr,ove and wetlands are valuable habitat and-foraging areas.
She added that there are-environmental concerns with the use
of .pesticides-and-chemicals on golf courses, and that a
number-of issues are not addressed in the EIR. Ms. Parcell
noted that-there is currently no restoration or management
plan for the wetlands, that their, prime.concern is that
there be onsite.restoration, that offsite-restoration would
constitute a net loss of wetland, and that fresh water ponds
are of no value-to.salt water marsh species. Ms. Par,cell
suggested.that an advisory committee .be established to
participate in the development and evaluation of the
adequacy of.a wetlands restoration plan, stressed the need
for a long term management plan to preserve the resource in
perpetutity, and urged that this-wetland area be preserved.
Dr. John-Pearl, 120 - 10th.Str,eet, stated he..was a Doctor of
Environmental Ethics and expressed his .amazement at the
close proximity of housing and .the lack of open space in
Southern California-communities, and noted that through his
studies he found.that Seal-Beach and much of the coastal
zone.were once-wetland areas and-habitat for a vast array of
plant and animal species. .He stated the.Council now has the
opportunity to obtain a tract of wetlands and a park for the
benefit of.the ecosystem and posterity, an invaluable long
term heritage .for the-City, however the Council.appears to
favor the densely populated, gated condo and housing
development for shor,t term economic.benefit. He urged that
consideration be given to the long term benefit to the City
for the future.
By unanimous
at 9:29 p.m.
Hunt calling
consent.of the Council,
The.Council reconvened
the meeting to order.
a.recess was declared
at 9:50 p.m. with Mayor
Mrs. .patty Campbell,- 4433 Ironwood.Avenue, stated she was
speaking as a.representative of Citizens.for Sensible Growth
and Traffic Improvements (CARE), and that their objection
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was with the density of the proposed development because of
the traffic it will generate, approximately seventy-seven
hundred vehicle trips per day, and according to the plans
for the project traffic will enter and exit on First Street,
Forrestal and Regency.Drive, impacting Pacific Coast Highway
and Seal Beach Boulevard. She stated another concern and
traffic mitigation must would be noise abatement on Seal
Beach Boulevard of the two adjacent buildings at MCGaugh
School through a sound wall or air conditioning units. Mrs.
Campbell predicted that traffic exiting Regency Drive will
travel north impacting Westminster, the Leisure World
entrance, and the freeway ramps, and that another entrance/
exit is needed from the northern perimeter road to
Westminster Boulevard, and that the developer should be
required to pay one hundred percent rather than fifty
percent of the cost of the new road. Mrs. Carla Watson,
1635 Catalina Avenue, asked why so many people are unhappy
with this development plan. She stated many people have
worked hard to keep the small town atmosphere and dream of
Seal Beach alive while allowing progress in an orderly and
gradual manner. Mrs. Watson stated that when a golf course
was proposed for the Mola development it was welcomed since
past efforts to obtain a golf course had not been
successful, however some objection had been expressed with
regard to the small condos of this project. She noted
however that a glossy brochure .in opposition to the recent
traffic measure told the voters that they would lose the
golf course if the measure were-approved, then it was
learned that the golf course.would encroach onto Gum Grove
Park. In an effort to discover .if Mr. Mola was more
sensitive to the needs of Huntington Beach, Mrs. Watson
reported she visited .various Mola projects in that community
and learned there are a number of dissatisfied owners who
have joined homeowners lawsuits against Mola Development.
She cited specifically the actions of the Cabo del Mar
Homeowners Association and the Seabridge Village Homeowners
Association, and read specific allegations contained in
those complaints. She.also made-reference to .complaints
made by a resident of a Mola development alleging
unacceptable noise from an upstairs unit.which has gone
unresolved. Mrs. Watson urged that the complaints be
investigated. Mr. John Follis,. 4372 .Elder Avenue, read a
resolution of the Seal Beach Homeowners Association
requesting that the Mola Specific.Plan as proposed be
denied, citing the loss of Gum Grove Park, that only minimum
wetlands are proposed for .restoration, adverse impacts on
traffic, noise, natural resources, .public health and air
quality, and requesting that .the Council explore all
alternatives to preserve this area.
Mr. Rollie Hawk, 1025. Crestview Avenue, made reference to
his many years of playing golf and-knowledge of courses, and
related his experiences in.moving to Arizona where he
purchase a home on a fairway adjacent to an exclusive,
privately owned golf course with a lake where, after a
period of time, condos were built in the center of the
course because it was more profitable. He described
executive courses that he recently visited of comparable
size to what is proposed, explaining that in building a
perimeter golf course, which is proposed, the golf course
surrounds the homes, he also.compared the width of the
narrow fairways proposed to those that he had visited. Mr.
Hawk stated he felt the golf course proposed would be
difficult to playas well as manage, and that patrons would
very likely grow tired of playing on .such a course. In
response to the Council, Mr. Hawk advised that of the
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courses he visited the average width of a fairway was about
seventy-five yards, where the fairway on the course proposed
is.about fifty yards, and added that he felt the condos
would also interfere with the golf course. Mr. Hawk
expressed his support for Alternative Three if it were
determined to.be-financia11y feasible, single family homes
and possibly a larger golf course. Mr. Bruce Stark, 100
Oceangate, Long.Beach, expressed his.expectation that the I
Council wou1d.approve the Mola plan which takes away a park
where.children should be playing and puts in a golf course ,
so that a few.can.play, the people.of Seal Beach paying for
that recreation, noting also that the development plans
provide that .the housing will -be built first with the
developer having up to five years to build the golf course
in due dilligence. - He referred to comments-regarding
development of this.land as inevitable, then asked if
building condos on. the beach or the greenbelt was also
inevitable. He reported it has been said that there is no
profit or.tax-benefit to the.City with this project, and
stated that it will then cost the City of Seal-Beach money
and questioned why Mola Development.is being subsidized.
Further, he.made reference to a statement in a Mola
newsletter which .reportedly.said they.were deleting any
potential plan for.a hotel at.this.time, Mr. Stark then
suggesting that the driving range appeared to be a good
location for a future hotel. Mr. Stark also charged that
the planning for this site.is being done in reverse, where
it.is customary for the.Council to meet with the citizens,
decide-what is .wanted, prepare a plan, then find the
developer .to implement that plan, and stated that
redevelopment agencies that profit are those that plan
ahead, not react to a developer's request. Mr. Stark asked
what protection.the City has from liability on this site I
from discontented-buyers because of defects in the.project,
the land-having been used for dumping. of wastes,.capped oil
wells that are prone to.breakage, as well as an earthquake
fault,. litigation. also possible from charges that the EIR is
inadequate, and-the question as to.whether.or not some of
the.land is.actually.within the City. He also questioned
whether or not Mr..Mola has a valid option to purchase the
property since that .option is not recorded in.Orange County,
and further, whether .or not he is the real party of interest
or represents someone else.
Councilman Laszlo requested to.be provided any information
to support the -comment that earthquakes have caused oil well
spills, and asked that.the City Attorney again address the
issue of .this land being within the City boundaries. The
City Attorney made reference to the letter from Mr. Peters
alleging .that the.referenced Parcel A was not included in
Annexation 75-1, and. explained that prior to preparing their
opinion they had requested the.City Engineer's office to map
out the legal-descriptions of the.parcel excluded in 1953
and.compare that to the .land included in 75-1, and that data
showed-that parcel.A was included in Annexation 75-1, the
opinion then concluding that 75-1 was a legal proceeding
under the Annexation.1aws of the.State-of California, Parcel I
A.excluded in 1953-and brought back into the City in-1975.
He also advised that the statute of limitations to Challenge
the validity of that action was. three months, also that the
State legislature. has adopted validating acts twice a year
since 1976.which would have validated any procedural error.
Referring to his review of the letter.from.Mr. Peters as
well as other communications, Mayor Hunt stated he felt
there-were .exclusions of.pertinent-information from those
communications, also that tracing the boundaries for the
11-21-88 / 12-5-88
I
exclusion and later annexation was quite simple and readily
seen that the area was included in 1975. With regard to
payment of taxes on the area referred to as Parcel A he
stated that taxes are being paid on that parcel and
suggested that the persons authoring those communications
were in-possession of the tax bill and the lighting
assessment bill however the two bills were not submitted
with the communication under discussion. Councilmember
Risner stated her understanding was that the Assessment
District covered vacant parcels of land deriving a general
benefit, and questioned whether or not an error had been
made with regard to the referenced Parcel on the Hellman
property. The City Attorney responded that although some
exclusions had been made with regard to the Lighting
District, suggested that the assessment for this Parcel
could be verified. In response to an inquiry of Councilman
Laszlo as to the size of the driving range as a potential
hotel site, Mr. Knight reported it to be approximately three
and one-half to four acres. Ms. Marilyn Hastings, 121 -
12th Street, requested that the Council look at all facts
before voting on this project. She also questioned the need
for and objected to the presence of a uniformed officer at
the City Council meeting. Referring to a Long Beach
newspaper editorial, she noted that two members of the
Council have made up their minds regarding the proposed
development. Councilman Laszlo responded that he had not
made up his mind and was listening to citizen comments and
felt certain other members of the Council were doing
likewise. Mayor Hunt added that each member of the Council
will certainly have input into the many aspects of the plan
proposed prior to any final action.
It was the order of the Chair with consent of the Agency/
Councilmembers present, to continue the joint public hearing
until December 5th at 7:00 p.m.
The joint session concluded at approximately 11:10 p.m.
I
I
Seal Beach, California
December 5, 1988
The Redevelopment Agency of the City of-Seal Beach met in
adjourned-joint session with the City Council at
approximately 7:05 p.m.