HomeMy WebLinkAboutCC Min 1987-11-16
11-2-87 I 11-16-87
to establish such rules in advance may not be an advisable
action to take. There being no further comments, Mayor
Wilson declared Oral Communications closed.
CLOSED SESSION
The City Attorney reported the Council would meet in Closed
Session to discuss two items of pending litigation pursuant
to Government Code Section 54956.9(a), Rogers and Reich
versus City of Seal Beach. By unanimous consent, the
Council adjourned to Closed Session at l2:45 a.m. The I
Council reconvened at l2:53 a.m. with Mayor Wilson calling
the meeting to order, and the City Attorney stated the
Council had discussed the matters previously reported.
ADJOURNMENT
Wilson moved, second by Hunt, to adjourn the meeting at
l2:55 a.m.
AYES: Clift, Grgas, Hunt, Risner, Wilson
NOES: None Motion carried
clerk of the
Approved:
. ~J.v..) f. ,,~
MaYbr
Attest:
I
Seal Beach, California
November 16, 1987
The City Council of the City of Seal Beach met in regular
session at 7:10 p.m. with Mayor Wilson calling the meeting
to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Wilson
Councilmembers Clift, Grgas, Hunt, Risner
Absent:
None
Also present: Mr. Nelson, City Manager
Mr. Stepanicich, City Attorney
Mr. Joseph, Assistant City Manager
Mr. Knight, Director of Development Services I
Mr. Hemphill, Director of Public Works/
City Engineer
Mr. Osteen, Recreation Director
Mrs. Walker, Administrative Aide/Planning
Mrs. Yeo, City Clerk
ll-16-87
WAIVER OF FULL READING
Hunt moved, second by Clift, to waive 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.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
I
PRESENTATION
Mayor Wilson presented Resolution Number 3738, adopted at
the November 2nd Council meeting, to Ms. Patricia Jones of
the Seal Beach Naval Weapons Station, commending her as the
recipient of the 1987 Natural Resources Conservation Award.
AGENDA AMENDED
By unanimous consent, the Council amended the agenda to
consider Item nTn as the next item of business and to
consider Item nHn, the Hellman Ranch Specific Plan, after
the proclamations.
ITEM nTn - APPOINTMENT - SEAL BEACH CABLE COMMUNICATIONS
FOUNDATION
Mayor Wilson moved to appoint Mr. James Clow to the Seal
Beach Cable Communications Foundation representing District
Two for the unexpired term ending July 1988. Councilmember
Risner seconded the motion.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
I
PROCLAMATIONS.
Mayor Wilson proclaimed the week of December l3 through 19,
1987 as nBill of Rights Week.n
The Mayor proclaimed the period commencing with Christmas
Eve and concluding at the end of the New Years weekend as
nDrunk Driver Awareness Season.n
I
The week of December 2nd through December 9th, 1987 was
proclaimed nKiwanis Membership Week" by Mayor Wilson.
Mayor Wilson proclaimed n1987 Family Weekn for the period
November 22nd through November 28th, 1987.
CONTINUED PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT/
GENERAL PLAN/HELLMAN SPECIFIC PLAN AMENDMENTS
Mayor Wilson declared the continued public hearing open to
consider Environmental Impact Report 87-1, General Plan
Amendments 2B-87, 2C-87, and 2D-87, and Amendment to the
Hellman Specific Plan. The Director of Development Services
presented the staff report dated November 11th addressing
certain items of. discussion that had been brought forth at
the previous. meeting. In: summary the report stated, that a
nine hole golf course would not receive as much play or be
as profitable as an eighteen hole course, that although the
Westminster Avenue to First Street north/south connector was
shown in the mitigation measures as not needed to serve
project related traffic, estimated to generate an
approximate 1900 average daily trips, it. should be
implemented to provide. a. complete circulation system for the
area, and that representatives of the Hellman family have
advised they are not interested in selling land within.the
17.7 acres proposed as a future community park site located
outside of the project area. The Director noted other items
of discussion were to either move the primary single family
11-16-87
recreation facility to a position adjacent to the on-site
oil pumpers, or develop a second satellite facility at this
location in order to further mitigate noise from the wells
and provide additional recreation facilities, and with
regard to Gum Grove Park, the project proponent is required
through the mitigation measures to work with the City to
develop a plan for the Park, including features, access, and
jurisdictional responsibilities. The Director again
reviewed the recommendations of the Planning Commission with
regard to parkland issues, 1) that some Quimby fee credit be
given for the golf course~ 2) that Gum Grove become part of I
the golf course, reclaimed, restored and accessible to the
public~ and 3) that Quimby fees be utilized in developing
parkland facilites within the area, with special attention
given to the 17.7 acres adjoining the project. He reviewed
further the requests of the developer for changes to the
mitigation measures and development standards regarding use
of alternative structural systems in the high liquefaction
areas, school development fees, and reduction of sideyard
setbacks for the single family homes.
In response to Council, the City Attorney explained that
under the subdivision process the City is legally limited as
to what it can require in the way of payment of fees and/or
dedication of land pursuant to the Quimby Act, however
through further discussions, the developer could voluntarily
provide additional benefits to the City. He clarified that
an action taken on the Specific Plan presently before the
Council would not affect whether or not credit may be
considered for amenities associated with this project, such
as the golf course, and that such consideration would be
given during the subdivision map process.
Mayor Wilson invited members of the audience wishing to
speak to this matter to come to the microphone and state
their name and address for the record. Mr. Kirk Evans, Mola I
Development Company, reiterated their acceptance of the
conditions of approval as proposed. Noting the comments at
the previous meeting with regard to tennis facilities, Mr.
Evans proposed a concept to provide two to three tennis
courts, with adequate parking, on the 6.4 acres of city-
owned land behind the golf course in conjunction with the
project development through the use of Quimby fees. Mr.
Evans advised that their only concern at this time would be
with providing a facility such as the golf course without
realizing any Quimby Act credit since the golf course will
remain a public facility with priority time available for
public use. In response to Council, Mr. Knight confirmed
that an extension of Regency Drive to the golf course area
would be a responsibility of the developer and would be a
condition of the subdivision map approval, also noting that
the Specific Plan indicates that a road connection between
Seal Beach Boulevard and Pacific Coast Highway as a priority
and would most likely be built early in the project. Mr.
Evans stated that the road connection would either be at
Forrestal or an alignment, approved by the City Engineer,
with Regency Drive, noting however their concern with any
connecting roadway that may go through the single family
home development. He also advised that the tennis courts
proposed for the condominium project would be owned and I
maintained by those residents, explaining that it has been
found that public use of such privately maintained
facilities has not been successful, therefore it was the
intent of their proposal to provide some tennis facilities
to the City if possible, given the pending loss of those at
the Zoeter School site.
11-16-87
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Mrs. Nancy Davis, lJ20 Emerald Cove Way, expressed her
support for a full eighteen hole public golf course as
proposed by the developer, and submitted a petition
containing signatures of eighty neighbors also in support of
the course as proposed. Mr. Gordon Shanks, 215 Surf Place,
st~ted his residence overlooks the Hellman property and that
the eighteen hole golf course would seem to be an
appropriat~ use for the area due to the liquefaction problem
of the site, an opinion shared by his immediate neighbors.
He also expressed his feeling that the Gum Grove Park area
is a minor concern since it has never been utilized as had
originally been intended, conceding however that it acts as
a buffer and the trees have been an asset to the immediate
area. Given the understanding that the Quimby funds are
primarily to compensate for the impact that the development
would place on other recreation areas and facilities, Mr.
Shanks stated he felt the golf course would.be a step in the
direction of meeting that goal therefore some Quimby credit
for that facility should be considered. He spoke in support
of the project and urged that it go forward. Mr. Richard
Gunnarson, 965 Catalina Avenue, stated that the project
proposed supports the contention of all adjacent residents
as to what was felt could be done with this land versus the
high density development that was previously proposed. He
spoke of .the undesirable atmosphere of the Gum Grove Park
area, expressed his support for the proposed development,
~nd suggested that the developer not be required to resolve
all of the recreation: deficits of the City. Mr..Dan.
Campbell, 220 Coastline Drive, spoke in support of. the
development proposed, however referred to the impending loss
of the tennis courts on the Zoeter School site and the lack
of.plans to replace those facilities. Mr. Campbell
expressed the need for a tennis center in the community,
suggested such facilities be included in this project, or
that a center be.designed and. constructed somewhere in the
City on a pay-as~you-play basis. Ms. Margaret Jeweler, 1709
Crestview Avenue, stated that since being cleaned. and
cleared of debris the Gum Grove Park is now very attractive,
and suggested a visit to.the area, she also noted that the
Mola Development Company is held in high regard in other
communities where. their projects exist. .Mr..Hugh Feeley,
Leisure.World resident, spoke in support of the proposed
eighteen hole golf course, noted that about. one-third of
Leisure.World residents are golfers,. and presented the
Council with a petition of. approximately seven. hundred .
signatures in support of same. .Mr. Anton Dahlman, 1724.
Crestview Avenue, noted periodic complaints regarding noise
from"the..baseball facilities at the Zoeter School, and
sugg~sted that consideration be given to moving those
facilities to an area in the v.icinity of the proposed
development, possibly. near the Police Department,. locate
tennis.facilities in Old Town, which would then allow the
development of an expanded, high quality golf course. Mr.
William Lever, 13341 El Dorado Drive, spoke in support of
the eighteen hole golf course, also suggested that tennis
qourts.could be located in a multi-story structure.as has
been done elsewhere.. Ms. Jane McCloud, 700 Balboa.Drive,
stated her support for the golf:course,.and with regard.to
Gum Grove Park, ~equested that the, longhorn borer
infestation of the eucalyptus trees.be treated, that the
diseased trees be. removed and replaced up to the approximate
four hundredtfifty number, that reinfestation be minimized
through a d~ip.irrigation system, that Gum'Grove be. ..
maintained'as-an urban forrest with maintenance commensurate
with other City parks,. that two to' three parking spaces be
provided as_well .as foot access, therefore allowing.. .
enjoyment of this wilderness area by all,'now.and in the
future.. Mr. Neil Herbert, 208 Harvard Lane, urged. that.
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11-16-87
replacement of the Zoeter tennis courts be a prime
consideration, those facilities often used by children, even
if that would necessitate reducing the golf course to nine
holes in order to add tennis facilities to the proposed
development. Mr. Howard McCurdy, 1320 Mayfield Road, added
his support for the eighteen hole golf course, also reported
the interest of Leisure World residents in additional tennis
facilities. In jest, Mr. McCurdy noted one objection to the
overall project, that too.much water area is proposed, which
will slow play, allow fewer people on the course, and. .
therefore lower revenue unless additional monies are derived I
through the.retrieval and sale of golf balls. Mr. Ron Moor,
604 Taper Drive, stated he believed there is area of
sufficient size to.accommodate two or three tennis courts
near First Street, however noted at least six courts are
needed. Mr. Robert Jaeschke, 13550 Del Monte Road,
questioned a previous statement that there.would be a
shortfall of taxes versus the cost of services to the
development of approximately $30,000. The Development
Services Director responded that the EIR indicated about
$22,000 shortfall initially, however staff has recommended
imposing a green fee to be credited to the General Fund to
offset any deficit. Ms. Joan Lineberger, 1607 Seal Way,
inquired as to the number of children anticipated in
connection with the development, and what is planned for the
care of the children of working parents. It was clarified
that Ms. Lineberger's comments were directed to providing
child care facilities within the project for those child
residents. Mr. Bruce Stark, 204 Ocean Avenue, indicated
support for the eighteen hole golf course, stated he did not
feel credit should be given for Quimby dedications, and
inquired as to the amount of money or land that would be
required under the Quimby Act. The Development Services
Director responded that under Quimby there would be 7.8
acres required, the value of that land representative of the
entitlements that would be placed on it and further, I
explained the formula for determining dedications as set
forth in the City's Subdivision Ordinance. He also noted
that the monetary value under Quimby would need to be
determined through an appraisal process. Mr. Stark
suggested that the Council consider condemnation of 7.8
acres lying within the 17.7 acres adjoining the development
for park purposes, and allow the oil to be extracted through
slant drilling. Councilman Grgas pointed out that the
acreage referred to is oil producing land, therefore the
City would not be paying the fair market value but would
also be paying for the extraction rights of the oil, which
would be very costly. The City Attorney confirmed that when
there is access to oil rights from the surface of a property
and that access is taken away, even though the owner of the
oil rights may slant drill, the acquisition can be quite
expensive and further, would include such costs incurred by
the owner. Ms. April Strausbaugh, 1725 Crestview Avenue,
expressed support for the project as proposed, however noted
she would not frequent the Gum Grove Park area. She
inquired if, in the long term, the developer is intending to
have the City pay for the proposed golf course. Mr. Ed
Hirsch, 1325 Crestview Avenue, noted that although the
developer has stated they would build and dedicate the golf
course for the benefit of the City, it is known that such I
amenities are a benefit to the sale of the homes, therefore
he stated he felt that the citizens and community likewise
have rights such as the continued enjoyment of Gum Grove
Park and restriction of the use of night lights on the
driving range. Mr. Charles Sherman, absentee owner of
property located at III - lOth Street, noted the on-going
loss of state and federal revenues to the City while the
cost of City services continue to increase, and expressed
11-16-87
I
his support for a self-supporting eighteen hole golf course
and the low density development as proposed. Mr. Bill
Henderson, 216 - 10th Street, spoke in favor of the golf
course and urged.consideration of a tennis center as
previously mentioned. Mr. Ambrose, 613 Seabreeze, noted the
discussion focused on a golf course and tennis facilities,
suggesting that a variety of recreational facilities be
considered for that property, open to the public. He voiced
his objection to the traffic and circulation plans relating
to the development, questioned the impact on existing
traffic, and cited existing retail facilities as inadequate
for current residents therefore residents of the new
development would most liKely travel out of town for their
needs, therefore generating more traffic. Mr. Randall
Johnson, Crestview Avenue, indicated his support for the
project"spoke favorably of Gum Grove Park and its retention
as a buffer, however expressed his objection to any night
lighting of the golf course driving range, and concern for
the safety of adjacent residents should evening activities
be allowed. There being no other comm~nts, Mayor Wilson
declared the public hear~ng closed.
By unanimous consent, the Council recessed at 8:31 p.m. and
reconvened at 8:52 p.m. with Mayor Wilson calling the
meeting to order.
I
Councilman Grg~s commenced the Counc~l discussion stating he
felt the plan proposed to. be excellent overall, attempting
to achieve the highest and best use of. the property, while
providing a facility that will be a benefit and available to
the entire community. Mr. Grgas asked. however,. that
consideration be given to including the north/south
connector as part of the Specific Plan approval, stating he
felt the connector will ultimately be a benefit to the area
as a whole, whether or not ~his developer is required to
assume the entire cost. He also asked for the inclusion of
the pocket park previously mentioned, adjacent to the single
family residential area, which would necessitate deleting
one housing unit. Councilman Grgas expressed support for
the suggestion to place two. tennis courts on the City-owned
land adjacent to the proposed animal care center, also
indicated interest in the idea proposed to p~ace tennis
facilities on the Zoeter site and relocate the softball
facilities,-given the ayailability of funds in the future.
He also. stated he felt that Gum Grove Park will be retained
in. some manner, however the exact acreage and use unknown at
this time. He did express concern with the size of the
efficiency leyel condominium units of 550 square feet,
suggesting that they be increased by-at least 50 square feet
to 600, which could result in a higher quality product,
noting ~hat if this increased upit size were determined to
be acceptable, he could possibly support the reduced
~etbacks of eight feet as requested for the sing~e family
r,esidential units, however; would prefer retaining the ten
feet. Councilman. Grgas .recommended that discussion of
Quimby fees and possible credits for the golf course should
be appropriately discussed at the subdivision level, and
stated he would request that the staff look at evaluating
the premium .that ,the site bears. from a sales. standpoint as
the ~esult of the constr~ction of the go~f course, and even
though ib ma~. be arguable that the cost will offset the
premium, such evaluation. should be a c~nsideration when
discus~ing Quimby Act dedications. Mr. Grgas concluded. his
comments notipg that it must be kept in mind that this is
private prope~ty and that the property owners have
legis~ative and constitutional rights ~hich they_can
exercise, however the. Council can attempt to guide the
development in a manner .that. it will provide the greatest
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11-16-87
benefit and be as attractive a.project as possible for the
community.
Councilman Hunt stated he felt that the need for tennis
facilities should be a high priority consideration for the
City and without regard to this development, noted that. two
or three. courts will not serve the need of the community,
and if constructed on the City-owned property by the
developer, the costs would then be deducted from the Quimby
dedications. . With regard to the north/south connector, he
stated that roads beget traffic and in his opinion there
will be a much greater percentage of non-residents that
utilize the connector than residents, therefore. asked that
that be' kept in mind.' Mr. Hunt. also suggested that the
opinion of the developer be taken' into consideration with
regard to a pocket park in the area of the single family
homes,. and that further consideration be given to a small
park located- at the westerly end of. the project near First
Street, accessible to the public. Mr. Hunt expressed his
personal belief that there should be no consideration, given
to the 17.7 acres of land in conjunction with the Mola
project, that property belonging to the Hellman estate with
no interest in selling that land, therefore there should be
no consideration of dedicating any Quimby funds to that
acreage on any basis.
Councilman Clift spoke in favor of the suggested pocket park
and development of some tennis courts on the remaining City-
owned land, stating also that he felt a 50 square foot
increase in the size of the efficiency condominiums was
reasonable, and reduction of the single family setback to
eight feet an acceptable compromise. He stated he felt the
connector road will be necessary at some point in the future
and should be tied into this development, and further
expressed support for the golf course as a benefit to the
community.
Mayor Wilson suggested that no consideration be given to the
17.7 acres, proposed for a future community park, in
connection with the project under consideration, spoke for a
roadway connection to Regency, but not necessarily for the
north/south connector road. She stated she would be in
favor of Gum Grove Park becoming part of the golf course
area, also favored of a small childrens play area/park at
the westerly end of the project, expressed support for any
amount of tennis facilities that could be developed, and for
the eighteen hole golf course. Mayor Wilson stated she
would favor retaining the 550 square foot units as they
would most likely be more affordable, and noted that the
eight foot setbacks requested by the developer would be
acceptable to her. Councilman Hunt added that the requests
of the developer relating to alternative structural systems
in lieu' of pile foundations, payment of school development
fees, and the eight foot setbacks were acceptable to him,
that he too would support Gum Grove Park being part of the
golf course, and that he did not see the merit of increasing
the size of the efficiency condo units.
Councilmember Risner expressed her support to include the
north/south connector road that would provide long term
traffic relief even though it was not included as a specific
requirement of this project, stated she would agree to the
developer's request with regard to school fees, however
would support retaining the ten foot setbacks for the single
family residences. . She stated she would support increasing
the efficiency units by 50 square feet, inclusion of a
pocket park, however would not agree to give any credit for
Gum Gro~e Park or the golf course when that is a matter of
consideration.
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11-16-87
Noting that if at the commencement of development the pile
foundations are not state of the art, Councilmember Risner
moved to amend Section A2-c, page five of the Mandatory
Findings,'adding the words nthat alternate structural
systems could be utilized if approved by the City's Building
Official, certified to by recognized soils and structural
engineers selected by the City, and shown to be as effective
as foundation piles." Councilman Clift seconded the motion.
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AYES:
NOES:'
Clift, Grgas, Hunt, Risner, Wilson
None . -. Motion carried
I
Councilmember'Risner referred to Item 3 on page eleven
'relating to' the effect of the project on Gum Grove Park,
then. moved to amend Section D3 on page 12 to add the words
"City'Counciln to read n.~.sliall work with the City Council
of' the City of Seal Beacn to develop a'plan...n and to
further add nSaid plans shall include multiple rows of trees
and adequate-buffer area not. less than to existing roadway,
said Park shall not be less than 7.9 acres.n Mr. Mola noted
that the' Park as' currently outlined' is less than 7.9 acres
and.that much'of the land is' on "a downward slope making it
difficult to delineate' exact acreage, stating that the issue
is~the 'usage not the acreage:- He"pointed out also that
there wil~ ~e'considerable.tree growth on the 105 acre golf
course, with the Gum Grove backing the course and between
one to..two hundred feet from' the rear of the homes. Risner
amended the.motion to read n...work with the City Council of
the:City.of Seal Beach to develop.and plan for Gum Grove
Park...n Councilman Grgas seconded.the motion. Discussion
followed. . The City .Manager noted:, that. the developer .will
work .with the staff. to develop the plan which will be. .
designated' on the tract map;..rev.iewed ;by .the .various City.
bodies,'and~ultimately considered by the Planning.Commission
and. the City Council. .....~ .
Vote on the amended motion:.
AYES:
NOES:
Grgas, Risner ' -
Clift,~Hunt; Wilson-
: . Motion'. failed
. . _ ... ,.. :~:...... c: .... .
CouncilmeIilber Risner'moved:.to amend.Section .D3. to' add. that
nthe plan.shall~include multiple rows of:trees and.adequate
buffet area; '.not. less than to :the :existing '.roadway, said
park.shall'not be less than:7~9 acres.~__There was no. second
to the:motion..' ::. .::::.' -:: - _" .. _...'
.'
I
Couricilmember Risner "moved the. same motion, deleting the
words "said Park shall.not..be:.less than_7;9.acres~" ...
Councilman Grgas seconded the motion. Director Knight
stated that to indicate.a~buffer 'area;would probably be of
benefit; 'which would allow for negotiation of how wide the
trees should be and how the trail system will be
incorporated,'however'he stated.he.would hesitate tying.the
tree 'area to the.existing.roadway:since~the roadway:will.be
removed: and not considered:in the planning process, also
that tying. the-treer.area-.to:the' existing roadway may place
additional constraints:on the golf.course. .He suggested
that the words:~adequate_buffern.be~incorporated_in the
motion which:would:allow:the staff:to work.with~the_ :r.
developer to.insurecthatcthe:buffer will exist; .Councilman
Hunt.cautioned~that_the multiple rows of. trees to the
roadway could change the structure and character of the golf
course. After further:discussion, Councilman Grgas asked
that the motion be amended to read "that the plan shall
include multiple rows of trees and adequate buffer area.
Councilmember Risner accepted the amended motion.
Discussion continued. -.
, . .
- .. .. .. ...
. .
. -
11-16-87
AYES:
. NOES:
Grgas,. Risner ..
Clift, Hunt, Wilson
Motion failed
Making reference to Section D6, page thirteen, Councilmember
Risner moved to.e~iminate night lighting of the driving
range, requir i:ng closure at dusk '.' Mr. ..Mola responded that
the golf course is not play~ble at n~ght; therefore the
driving. range allows a.person use of the facilities for 'a
few hours after the working day, stating that research has
shown that. most driving ranges c~ose at 9:00 or 10:00 in the
.evening. ...Councilmember Risner amended the motion to require I
closure at 9:00 p.m. The Director explained that there are
five. conditions fo~ night lighting. contained in the Specific
Plan Ordinance and apprQved by the Planning Commission, one
requirement being..that .the night. lighting be turned off at
8:00 p.m. on weekdays and 9:00.p.m. on weekends, noting also
that the use of night lighting will only be allowed after a
public hearing..before .the Planning.Commission with notice to
residents.. .Councilmember Risner withdrew her motion.
Referring to the consultants report regarding the eucalyptus
trees at Gum Grove Park, 'Councilmember Risner stated there
was no indication that all of the trees would need to be
removed, therefore asked that Section E2-a, page sixteen, be
amended to read nappropriate steps will be taken in Gum
Grove. Park to remove,. at. a minimum,.. eucalyptus trees and
stumps severely. infected with the eucalyptus longhorn borer.
In the event it is determined that some portion of the
remaining eucalyptus trees should be..retained, measures,
including an irrigation system,. will be taken to minimize
potential for reinfestation, as well as to protect against
injury. from branch failure.n. Mr. Mola pointed out that if
any infestation remains in the trees it will spread and
infect o~her.trees. Director Knight. stated he would
continue to rely on the expertise of.the consultant report
and the recommendation for removal of trees, noting that if I
the recommendation is that one.hundred seventy-nine trees be
removed, that is the number that will be removed. He
explained that the borer may hav.e.left..some of the trees,
however. leaving them damaged, and moved to other trees,
noting that if the sap returns to the tree it will kill
remaining larvae,_however if one. borer remains it can kill
the trees and .spread to others, noting also that the
irrigation system will aid the trees that have been able to
fight..off the borer and. give them.a chance to survive. He
emphasized that the only way to eliminate the borer is to
remove the tree, and confirmed that the developer will
install an irrigation system in the gum grove. Councilman
Grgas seconded 'the motion on the floor.
AYES: _
NOES:
Clift, Grgas, Hunt, Risner
Wilson
Motion carried
Councilmember Risner.asked that Section E2-b, page
seventeen, be amended to .read.nthe City Counciln rather than
nCityn, ntree studyn rather than nstudiesn, and add nthat
trees shall be replaced no less than one for one of
sufficient size to retain an adequate buffer zone." She
noted the.County Harbors, Beaches, .and Parks has a three for
one replacement policy~ the Director stated that a one for I
one replacement. would be reasonable however three for one
would not be.in the case of. eucalyptus trees. Councilman
Grgas seconded the motion. After further discussion,
Councilman. Clift stated he could support the motion if
reference to the nbuffer.zonen were deleted. The motion was
amended .accordingly.
AYES:
NOES:
Clift, Grgas, Risner
Hunt, Wilson
Motion carried
11-16-87
Councilmember Risner moved to amend Section E3, page
seventeen, to add the words napproved by the Orange County
Vector Control Districtn to the end of the Section.
Councilman Grgas seconded the motion.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
I
Councilmember Risner referred to Section G2, page twenty-
one, requesting that the word norn be deleted from the
second sentence to read npossible mitigating measures
include converting the pumps from gas to electricity, and
construction of masonry block walls.n Councilman Hunt noted
his objection to requiring the conversion from gas to
electricity, stating he could support requiring the masonry
walls. Discussion continued regarding gas to electricity
conversions, air pollution, and asthetics. Mr. Grgas
clarified that the only areas that would be required to be
converted for noise purposes would be a cluster of wells
along Seal Beach Boulevard and those to the northwest of the
project, not the entire site. Councilman Clift suggested
that the motion be restated and moved to require the
construction of concrete masonry block walls around the pump
sites and/or conversion of the pumps from gas to
electricity. Councilman Hunt seconded the motion.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
I
On page twenty-three, Section H4, Councilmember Risner
questioned the need for requiring the developer to add a
northbound left turn lane at PCH/Westminster. Councilman
Grgas responded that the turn lane is very much needed and
that that mitigation measure should remain, however the
north/south connector should be considered as well.
RESOLUTION NUMBER 3734 - ENVIRONMENTAL IMPACT REPORT 87-1 -
HELLMAN RANCH SPECIFIC PLAN
Resolution Number 3734 was presented to Council entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, CERTIFYING DRAFT ENVIRONMENTAL IMPACT REPORT
(EIR 87-1) FOR THE HELLMAN RANCH SPECIFIC PLAN AS A FINAL
EIR (87-11, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.n By unanimous consent, full reading of
Resolution Number 3734 was waived. The City Attorney
advised that the Resolved clause would need to be amended to
read ncertify the Final EIR 87-ln rather than napproven, and
that a statement should be added with regard to adoption of
the findings to read nBe It Further Resolved that the City
does hereby adopt the Mandatory Findings attached hereto as
Exhibit nAn. It was clarified that the requests of the
Council with regard to the pocket park, etc., would
appropriately be included in the Specific Plan rather than
the negative declaration. Hunt moved, second by Clift, to
adopt Resolution Number 3734 as amended.
AYES:
NOES:
Clift, Grgas, Hunt, Wilson
Risner
Motion carried
I
It is noted that Councilmember Risner voted in opposition to
Resolution Number 3734 due to certain mitigation measures
having not been approved for the project.
11-16-87
RESOLUTION NUMBER 3735 - GENERAL PLAN AMENDMENT 2B-87 - LAND
USE ELEMENT - HELLMAN SPECIFIC PLAN AREA
Resolution Number 3735 was presented to Council entitled nA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING GENERAL PLAN AMENDMENT 2B-87, AN AMENDMENT TO THE
LAND USE ELEMENT DEALING WITH THE HELLMAN SPECIFIC PLAN
AREA." By unanimous consent, full reading of Resolution
Number 3735 was waived. In response to Council, the
Director explained that 6.4 acres of Gum Grove Park is
designated as urban forrest, open space use and it will
remain as such, and that the golf course will be shown on I
the General Plan as open space golf course. Clift moved,
second by Hunt, to adopt Resolution Number 3735.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
RESOLUTION NUMBER 3736 - GENERAL PLAN AMENDMENT 2C-87 -
CIRCULATION ELEMENT - HELLMAN SPECIFIC PLAN AREA
Resolution Number 3736 was presented to Council entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING GENERAL PLAN AMENDMENT 2C-87, AN AMENDMENT TO THE
CIRCULATION ELEMENT DEALING WITH THE HELLMAN SPECIFIC PLAN
AREA.n By unanimous consent, full reading of Resolution
Number 3736 was waived. Councilman Grgas moved to include
the north/south connector to Westminster Boulevard and
explained his reasoning for the request in some detail. He
noted that requiring the developer to pay all or a portion
of the costs should be a matter for consideration during the
subdivision dedication process. Councilmember Risner
seconded the motion. Considerable discussion continued.
Mr. Grgas suggested there should also be furthr
consideration given to the width of the roadway by the
staff. The City Engineer advised that the connector will
ultimately be a benefit to the community and the motoring
public, and it's benefit will outweigh the cost of I
construction which will be dependent upon upon the number of
lanes, curbs, gutters, and landscaping, therefore the costs
could vary considerably.
Vote on the motion to include the north/south connector:
AYES:
NOES:
Clift, Grgas, Risner
Hunt, Wilson
Motion carried
Grgas moved, second by Risner, to adopt Resolution Number
3736 as amended.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
RESOLUTION NUMBER 3737 - GENERAL PLAN AMENDMENT 2D-87 - OPEN
SPACE/RECREATION/CONSERVATION ELEMENT - HELLMAN SPECIFIC
PLAN AREA
Resolution Number 3737 was presented to Council entitled nA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
APPROVING GENERAL PLAN AMENDMENT 2D-87, AN AMENDMENT TO THE
OPEN SPACE/RECREATION/CONSERVATION ELEMENT DEALING WITH THE
HELLMAN SPECIFIC PLAN AREA.n By unanimous consent, full
reading of Resolution Number 3737 was waived. Grgas moved, I
second by Risner, to adopt Resolution Number 3737 as
presented.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
11-16-87
I
ORDINANCE NUMBER l258 - AMENDED HELLMAN SPECIFIC PLAN
Ordinance Number 1258 was presented to Council for first
reading entitled nAN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, ADOPTING THE AMENDED HELLMAN SPECIFIC
PLAN.n By unanimous consent, full reading of Ordinance
Number 1258 was waived. Councilman Grgas stated he wished
to propose certain amendments, either to the Ordinance or
other appropriate document. Mr. Grgas inquired as to the
size of the clubhouse, and requested that banquet facilities
be considered to be included in that facility. Mr. Mola
responded that the clubhouse is proposed to be approximately
seven thousand square feet, would include a locker room, pro
shop, bar and coffee shop, and stated that if the request
appears to be feasible later in the development process,
banquet facilities would be looked into.
Grgas moved, second by Clift, to include a pocket park to be
situated in the northwest corner of the single family
subdivision, the Development Services Director to determine
the appropriate size. Councilman Grgas clarified his intent
that the park area should be at minimum the-size of one lot,
and suggested further that some tot lot equipment be
included in a play area near Gum Grove Park. Mr. Mola
stated that if the reduction were approved for the single
family setback from ten to eight feet, one lot could be
dedicated to park use, however noted it could not be a
public park. He explained that the eight foot setback would
only encompass a small area of each home due to the design
and in most cases the setback would be about fifteen feet,
explaining that if the ten feet were required it would
necessitate eliminating seven to eight lots. The Director
confirmed that the staff felt the ten foot setback was
appropriate, however would not be opposed to the reduction
to eight feet. Mr. Mola confirmed that the reduction would
not allow adding more units, and stated he felt that a park
of approximately 6000 square feet could be accommodated.
I
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
I
Councilman Grgas stated he felt it important to address or
set a priority for replacement of tennis courts that will no
longer exist at the Zoeter site, and although the 6.4 acres
of city-owned land adjacent to Regency Drive has been
proposed to be considered for recreational vehicle parking,
he stated he felt the proposal to place some tennis courts
at that location should be considered, that the question of
payment or credit for such facilities should be left to the
subdivision process, however as a matter of policy, direct
that two tennis courts be placed on the 6.4 acre parcel as
part of the Specific Plan. Councilman Hunt countered that
the proposal of Mola would involve the use of Quimby funds,
thus the developer would not be giving the City anything,
suggesting that it would be better to accept the fees which
could be used for any number of improvements, such as
development of at least four tennis courts.
Councilman Grgas moved to require that the minimum size of
the efficiency condominium units be increased by fifty
square feet. Mr. Mola responded that 550 square feet is a
large bachelor unit, which is often as small as 425 square
feet, and when it is enlarged to 600 square feet it becomes
a one bedroom unit, and even though it could be accommodated
on the footprint, the increased size becomes a marketing
issue. Mr. Mola estimated the cost of the condominium units
between $200,000 and just under $100,000, or an average of
about $150,000. Councilman Grgas stated he did not feel the
minimal additional cost for the increased square footage
would affect the marketability to any degree, that he would
11-16-87
prefer to have those units as one bedroom, resulting in a
superior product. Mr. Mola noted that any reduction of the
percentage of bachelor units and added square footage would
impact the project by changing the footprint and the mix of
units. He added that basic construction costs for this
product, without financing, is about $65 per square foot,
and with finance charges and overhead the cost can escalate
to $l35 per square foot. The project architect clarified
that the additional square footage proposed would be gained
by making the unit longer, the additional area resulting in
a slight reduction in the landscaped courtyard.
Vote on the motion to increase the size of the bachelor unit
by fifty square feet:
I
AYES:
NOES:
Clift, Grgas, Wilson
Hunt, Risner
Motion carried
Grgas moved, second by Risner, to approve the introduction
and first reading of Ordinance Number 1258 as amended, and
that it be paased to second reading.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
By unanimous consent, the Council recessed at 11:14 p.m.
The Council reconvened at 11:19 p.m. with Mayor Wilson
calling the meeting to order.
PUBLIC HEARING - VACATION OF ON-SITE DOMESTIC WATER SYSTEM -
1510 MARINE
Mayor Wilson declared the public hearing open to consider
abandonment of the on-site domestic water service and
appurtenant facilities and the vacation of water service
easement on the easterly three (31 feet of Lot 6 in Block
nc" of Tract No. 1 (1510 Marine Avenue). The City Clerk
certified that notice of the public hearing had been
advertised and posted as required by law and reported no
communications had been received either for or against this
item. The City Manager presented the staff report. There
were no communications for or against this matterl Mayor
Wilson declared the public hearing closed.
I
RESOLUTION NUMBER 3741 - VACATION OF ON-SITE DOMESTIC WATER
SYSTEM - l5l0 MARINE AVENUE
Resolution Number 3741 was presented to Council entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, ORDERING VACATION OF THE ON-SITE DOMESTIC WATER
SERVICE EASEMENT AND APPURTENANT FACILITIES LOCATED ON LOT
6, BLOCK "Cn IN TRACT NO. l.n By unanimous consent, full
reading of Resolution Number 374l was waived. Grgas moved,
second by Hunt, to adopt Resolution Number 3741 as
presented.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
PUBLIC HEARING - ZONING TEXT AMENDMENT 6-87 - CONDOMINIUM
CONVERSION REGULATIONS
Mayor Wilson declared the public hearing open to consider I
establishing zoning regulations for the conversion of
existing apartments into condominiums. The City Clerk
certified that notice of the public hearing had been
advertised as required by law and reported no communications
had been received either for or against this item. The
Development Services Director presented the staff report,
noting that ZTA 6-87 was initiated in response to a previous
condominium conversion request which was denied due to
inconsistencies with the Subdivision Map Act, as well as
I
11-16-87
questions raised regarding previously approved condominium
conversions. He reported the regulations proposed set forth
an approval process, development standards, and tenant
notification and relocation procedures, and under the
required Conditional Use Permit process, each application
will be reviewed by the Planning Commission for compliance.
There being no communications from the audience, Mayor
Wilson declared the public hearing closed. Councilman Hunt
inquired if the Ordinance proposed could in any way be
construed to apply to the type of stock ownership that
presently exists in Leisure World if condo conversion were
ever considered. The City Attorney advised that stock
cooperatives, under the statute, are specifically referred
to as condominiums. Councilman Hunt requested that this
item be postponed pending further discussion with the
Leisure World community, and moved to reopen the public
hearing. Councilmember Risner seconded the motion.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
Grgas moved, second by Risner, to continue the public
hearing until the next regular meeting.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
I
ORDINANCE NUMBER 1257 - ESTABLISHING ZONING REGULATIONS -
RECYCLING FACILITIES
Ordinance Number 1257 was presented to Council for second
reading entitled nAN ORDINANCE OF THE CITY OF SEAL BEACH
ESTABLISHING ZONING REGULATIONS FOR RECYCLING FACILITIES AND
AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH,
CALIFORNIA.n By unanimous consent, full reading of
Ordinance Number 1257 was waived. Grgas moved, second by
Clift, to adopt Ordinance Number 1257 as presented.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
I
PROPOSED ORDINANCE NUMBER l259 - MORATORIUM - LAND USE
APPROVALS and PERMITS - URGENCY
Proposed Ordinance Number l259 was presented to Council for
consideration entitled "AN ORDINANCE OF THE CITY OF SEAL
BEACH IMPOSING A MORATORIUM ON CERTAIN LAND USE APPROVALS
AND PERMITS AND DECLARING THE URGENCY THEREOF.n By
unanimous consent, full reading of proposed Ordinance Number
1259 was waived. The City Attorney advised the Ordinance
was prepared at the request of the Council and relates to
property lying northerly of the 405 freeway and easterly of
Seal Beach Boulevard to the City limits, placing a
moratorium on any land use approvals for a forty-five day
period of time. He noted that exceptions to the Ordinance
would be for permits necessary for the maintenance, repair
and renovation of existing uses, the reconstruction of any
buildings that are damaged or destroyed by casualty, and
also allows for the establishment and maintenance of any
recreational uses on the property, which would include any
zone change necessary for those recreational uses. Mr. Ron
Bradshaw, Bixby Ranch Company, stated he was unclear as to
the reason for this urgency measure, which Bixby was made
aware of through the news media, however presumed it came
about from a political standpoint to allow time for further
review and study of major growth issues in the City, and
from that standpoint Bixby Ranch Company, as a good
corporate citizen, would not be opposed to that type of
review and study. Mr. Bradshaw read a letter from the Bixby
Ranch Company dated November 16th expressing opposition to
the City considering or adopting the proposed Ordinance
11-16-87
which would impose a moratorium only on Bixby property and
no other property in the City, and stating their
willingness, as an alternative, to delay filing application
for a specific plan on its property and publicly agreeing to
make no applications for any development or land use
entitlements for a period of six months. In response to
Council, Mr. Bradshaw stated he did not feel that Bixby has
ever cut a tree on Seal Beach Boulevard that was not either
under the City's control or was at the City's request for
maintenance of trees along the Boulevard, or trees that were
diseased or dying along the golf course, such maintenance
taking place since the existance of the trees. He noted
that trimming of the trees at Old Ranch Country Club has
only 'been a focal point for the past few months and again,
such maintenance has continued since the golf course has
been in operation. Mr. Bradshaw stated that the Bixby
Company would have no problem committing to no removal of
trees in that area with the exception of those that would
normally be maintained or are diseased. In response to
Council, the Director of Development Services reported he
had received no complaints with regard to the cutting of
trees at Old Ranch, however taking into consideration the
willingness of Bixby to delay any land use considerations,
as well as the upcoming tree preservation ordinance, a
commitment from Bixby to not remove any trees, with the
exception of normal maintenance and trimming, may be in
order. Mr. Bradshaw agreed to such commitment. Members of
the Council expressed their individual feelings with regard
to the moratorium that had previously been proposed and
indicated their intent to take no action on proposed
Ordinance 1259. Mr. Duane Mahlen, Rossmoor, spoke of the
concerns of residents of Rossmoor and Seal Beach with future
development and traffic, also spoke with regard to the
moratorium proposed and the exceptions thereto"
Grgas moved, second by Risner, to accept the letter from the
Bixby Ranch Company and the offer stated therein.
.
AYES:
NOES:
Clift, Grgas, Risner, Wilson
Hunt Motion carried
Councilman Hunt stated for the record his opposition to the
moratorium was based upon his feeling that it would be an
improper action, also that the alternative offered by the
Bixby Ranch Company through their letter was an unnecessary
gesture.
ORDINANCE NUMBER 1260 - PLANNING COMMISSION TERMS
Risner moved, second by Clift, to hold proposed Ordinance
Number 1260 over until the next regular meeting.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
I
I
RESOLUTION NUMBER 3740 - GRANT OF EASEMENT - EXXON COMPANY
Resolution Number 3740 was presented to Council entitled nA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
GRANTING AN EASEMENT TO THE EXXON COMPANY, U.S.A., FOR
ELECTRICAL DISTRIBUTION FACILITIES ON CITY-OWNED PROPERTY
NEAR FIRST STREET AND OCEAN AVENUE IN SEAL BEACH. n By .
unanimous consent, full reading of Resolution Number 3740 I
was waived. Grgas moved, second by Risner, to adopt
Resolution Number 3740 as presented.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
11-16-87
I
CONSENT CALENDAR - ITEMS liMn THROUGH nOn
Grgas moved, second by Hunt, to approve the recommended
action for items on the Consent Calendar as presented.
M. Approved the minutes of the regular meeting
of October 19, 1987.
N. Approved regular demands numbered 67917
through 68071 in the amount of $639,093.44,
and payroll demands numbered 27733 through
27907 in the amount of $246,585.74 as
approved by the Finance Committee and
authorized warrants to be drawn on the
Treasury for same.
O. Received and filed the memorandum from
the City Clerk regarding the six month
review of the present schedule of Council
meeting days.
AYES: Clift, Grgas, Hunt, Risner, Wilson
NOES: None Motion carried
UNITED WAY SAND CASTLE EVENT 1988
Grgas moved, second by Risner, to schedule the presentation
and public discussion regarding a proposed United Way Sand
Castle Event, 1988 for the regular meeting of December 7th.
AYES:
NOES:
Clift, Grgas, Hunt, Risner, Wilson
None Motion carried
I
PARKING EASEMENT AGREEMENT - ZOETER SITE
Councilmember Risner stated her preference for a joint or
cross use agreement for parking on the Zoeter site rather
than granting an easement that would run the term of the
lease. The City Attorney explained that a joint use
agreement had been considered however the easement was felt
to be a better approach in terms of the overall best
interest of the City, explaining that the easement is to the
benefit of Parcel A with regard to parking. Councilman
Grgas noted that the easement, dedicated for the term of the
lease, will be a requirement of the lender in obtaining
financing for the project. Wilson moved, second by Clift,
to approve the Parking Easement Agreement between the City
and Gemtel Corporation and Dana MacKay.
AYES:
NOES:
ABSTAIN:
Clift, Grgas, Hunt, Wilson
None
Risner
Motion carried
APPOINTMENTS - BOARDS and COMMISSIONS
By unanimous consent of the Council, the District One
appointment to the Project Area Committee, and the District
Two and Four appointments to the Citizens Participation
Committee were held over until the next meeting.
I
GARAGE CONVERSION - ENFORCEMENT POLICY
By unanimous consent, the Council held over until the next
meeting a discussion regarding a policy of informal
enforcement of garage conversions at the time of sale of a
property.
CITY MANAGER COMPENSATION
By unanimous consent, the Council held over until the next
meeting consideration of the City Manager's compensation.
11-16-87 / 12-7-87
CITY COUNCIL ITEMS
Councilman Clift announced that the past Saturday he had the
privilege of witnessing the planting of sixty-three large
trees at the community park in the College Park East area
accomplished through an Eagle Scout project, those trees
obtained through donations of various sources, and commended
the efforts of the Troop to beautify this Park. Mr. Clift
stated a plaque would be forthcoming in the future in
recognition of everyone who in some manner has participated
in the development and improvements to the College Park.
Councilmember Risner noted that the Super Committee Report I
on Transportation will again be considered at the next
Orange County League meeting, and moved to support the
amendments presented to the Super Committee Report.
Councilman Clift seconded the motion. Councilman Hunt
affirmed his position in opposition to the report due to the
financing approach of the recommendations through sales tax
rather than gas tax. Discussion continued.
AYES:
NOES:
Clift, Grgas, Risner, Wilson
Hunt Motion carried
ORAL COMMUNICATIONS
There were no Oral Communications from the audience.
CLOSED SESSION
No Closed Session was held.
ADJOURNMENT
By unanimous consent of the Council, the meeting was
adjourned at l2:l5 a.m.
and ex-of io
City Council
of the
I
Approved:
Attest:
Seal Beach, California
December 7, 1987
The City Cquncil of the City of Seal Beach met in regular
session at 7:00 o'clock p.m. with Mayor Wilson calling the
meeting to order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Wilson
Councilmembers Clift, Hunt, Risner
Absent:
Councilmember Grgas
Councilman Grgas arrived at 7:10 p.m.
Also present: Mr. Nelson, City Manager
Mr. Stepanicich, City Attorney
Mr. Joseph, Assistant City Manager
Mr. Knight, Director of Development Service
Mrs. Yeo, City Clerk
I
