HomeMy WebLinkAboutCC Min 1989-01-16
1-3-89 / 1-16-89
Councilman Grgas and the City Manager requested that Mr.
Wright submit a verification of his statement in writing.
Mr. Wright asked when there would be an opportunity to
respond to the plan proposed and make requests as to what
should be considered in a supplemental EIR. The City
Attorney clarified that at the present time there is only
one application before the City, and should the decision be
made to consider alternatives, requiring a supplemental EIR, I
that would be an appropriate time for input as to further
considerations in that supplemental EIR. There being no
further comments, Mayor Hunt declared Oral Communications
closed.
CLOSED SESSION
No Closed Session was held.
ADJOURNMENT
Wilson moved, second by Grgas, to adjourn the meeting at
1:07 a.m.
AYES: Grgas, Hunt, Laszlo, Risner, Wilson
NOES: None Motion carried
Clerk and ex-o
of Seal Beach
Attest:
I
Seal Beach, California
January 16, 1989
The City Council of the City of Seal Beach met in regular
session at 7:04 p.m. with Mayor ,Hunt calling the meeting to
order with the Salute to the Flag.
ROLL CALL
Present:
Mayor ,Hunt
Councilmembers Grgas, Laszlo, Risner, Wilson
Absent:
None
Also present: Mr. Nelson, City Manager
Mr. Stepanicich, City Attorney
Mr. Knight, Director of Development Services I'
Mr. Jue, Director of Public Works/
City Engineer
Chief Stearns, Police Department
Mr. Archibold, Assistant to the City Manager
Mrs. Yeo, City Clerk
~
,
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WAIVER OF FULL READING
Wilson moved, second by Grgas, 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:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
PRESENTATION
Dr. Harry Strohmyer extended an invitation to the members of
the City Council to attend the Seal Beach Rotary Club's
first annual Valentines BaIlon February lIth at which time
the members of the City Council ,would be honored. Dr.
Strohmyer explained that the Ball will be a fund raising
effort to support Rotary projects such as Polio Plus,
Grafitti Off Day, and a planned future carnival.
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PROCLAMATION
By proclamation, Mayor Hunt recognized the Seal Beach Host
Lions Club for their support and assistance to the people of
Seal Beach for the past ,fifty years. On behalf of the Lions
Club, Councilman Grgas expressed appreciation for the
proclamation, announced the fiftieth anniversary party on
Saturday, February 18th, and noted that the Seal Beach Club
is recognized statewide for it's membership and
accomplishments.
CONTINUED REDEVELOPMENT AGENCY/CITY COUNCIL JOINT PUBLIC
HEARING - HELLMAN PROPERTY DEVELOPMENT
Mayor Hunt declared the continued/joint public hearing
between the Redevelopment Agency-and the City Council open
to consider Amendment No. 4 to the Redevelopment Plan for
the Riverfront Redevelopment Project, and the combined
public hearing of the City Council of the City of Seal Beach
to consider 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. 13l98, and-Precise Plan 1-88 open. ' Mayor Hunt explained
that at the January 3rd meeting staff had been directed to
report to the Council on procedures to be followed with
regard to the present application and to consider any
alternative development proposals that may be considered
viable, recommendations regarding consultants for a
supplemental EIR, fiscal analysis, and physical planning if
needed to facilitate consideration of any alternative, and
recommendations with regard to financial resources to fund
the consultant services. Mayor Hunt requested that the
staff outline the procedures for conduct of this meeting and
possible consideration of alternatives. Councilmember
Risner asked if it-would be acceptable to the Council to
take public testimony until approximately 8:00 p.m.,
including that of a group who had requested to make a twenty
minute presentation, after which Council deliberations could
commence. Discussion followed regarding the conduct of the
meeting, past and present guidelines for public testimony.
The Mayor advised of the length of time certain individuals
and groups have testified to date. A majority of the
council indicated their desire to commence with the reports
of the staff and City Attorney.
The City Attorney noted that pursuant to previous Council
discussion, the primary purpose of this portion of the
continued hearing was to decide whether or not to consider
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project alternatives. He pointed out that the Council may
consider one or more alternatives or variations thereof
which could be referred for further evaluation, and if that
were the desire, a continuance, agreed to by the developer,
would be required, otherwise it would be necessary to take
action on the pending application. Mr. Stepanicich
suggested that the first consideration would be to determine
the alternatives that ,would be desirable for further review, I
that dependent upon the degree of changes proposed by the
alternative(s)-a supplement to the-Environmental Impact
Report would most likely be necessary to fully address the
potential impacts of the alternative(s), thereafter the
supplemental EIR, the financial and physical analysis would
be brought back to the Council ,for a decision and possibly
further amendment to the existing Specific Plan, initiated
by the Council and referred to the Planning Commission for
its report. He added that at that time it would be
necessary for the developer ,to either consent to the
amendment or an action on the pending application would need
to be taken by the Council. With regard to public
testimony, the City Attorney advised that after considering
the alternatives, it would be within the discretion of the
Council to continue the public hearing until such time as
the reports on the alternatives are again before the
Council, however if the decision is to not pursue project
alternatives,--the public ,hearing on the pending application
would continue and an action required no later than the last
day of this month. Mr. Stepanicich noted Amendment Number
Four to the Redevelopment Plan consists of two components,
the Hellman Ranch property and the Department of Water and
Power property, and it had been suggested by staff that if
the Council determined to continue the public hearing on the I
current application and review alternatives, that it may be
advisable to take an action on the Department of ' Water and
Power portion of the amendment, a decision within,the
options of the Council. He clarified that if it were the
desire to also amend the Redevelopment Plan with regard to
the Hellman property at this time, that could be done,
explaining that no development could take place on the site
until there is an approved tentative tract map for that
property, and although the current application,provides for
amendments to the Specific Plan regarding the wetlands
issue, there could be no-action taken on the tentative map
until the Specific Plan wetlands issue is-resolved. In
response to Council, the City Attorney explained that if the
developer agrees to an extension to study alternatives and
after such studies the Council's preference is a specific
alternative over the current application, yet the developer
does not want to pursue the alternative nor grant further
extension to go through the Specific Plan amendment process,
the Council at that time may need to take an action on the
pending application, and noted that ,based upon discussion at
the prior meeting ,it was felt the developer was willing to
grant an extension--for further study. Councilmember Risner
inquired if the developer would have a legal ground to force
approval-of the tract map if Amendment Number Four relating
to Hellman were approved. Mr. Stepanicich explained that I
the Redevelopment Plan amendment is general in nature and '
makes reference to development standards in accordance with
the adopted Specific Plan, however suggested that if there
were concerns of the Council, an action on the Hellman
portion of ,the amendment could be delayed until the
alternatives are considered and resulting reports are again
before the Council. He clarified that if the Council
determined to take action on Amendment Number Four as a
whole at this time, the public hearing on that aspect of
this matter would need to be closed.
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The Director of ,Development-Services reported-that based
upon discussions at ,the January 3rd ,meeting,,--three potential
alternatives wer-e-suggested for ,consideration: -A) an
al te r-na ti ve ' pr-esen ted .' by Mola Development", the. pr oj ect
proponent, proposing,construction of approximately four
hundr-ed forty-nine two-story, single ,family dwellings with
an average lot size of fifty by one hundred feet, the '
existing -Gum Grove dedicated, ,to the, ,<<;:i ty, a new three acre
neighborho~d park,--wetlands of.approximately thitty-five to
forty-acres, and no golf course, B). an-alternative--used as a
conceptual, scenario generated ,to perfor-m the ,financial
analysis ,by KRM,and,Associates of ,approximately two -hundred
thirty-three dwellings,,--eighteen - hole, public golf course,
entire existing Gum Grove-Park,-approximately ,twenty-one to
twenty-five acres--of,wetlands,-and,C)--an, alternative
combining--a number, of ..single family--homes, ,with some multiple
family,dwellings~ which could be accomplished ,by ,using the
cutrent ,project ,proposal with--further -reduction of ,the,
condominium units" ,or, ,by redesigning the, aU single family
alternative ,with no gOlf,course, alternative -A-, to ,include
some condominium units, ,possibly ,one-hundred. ,Mr. Knight
cautioned -that of, ,the alternat-ives suggested, the ,number of
dwelling units should not ,be ,considered as,fir-m,and that
financial.. feasibility, would need to ,be--futther considered.
The Director recommended-that an environmental, consultant be
retained to ,perform, ,envi ronmental- analysis, ,in preparation of
the supplemental Environmental ,Impact Report, a land use
consultant ,that-,would, review plans OJ:: pI'oject -alternatives
that may come- from--the Council" and a financial consultant
to perform a ,financial analysis, and financial feasibility
with ,regard to project ,viability and/or use of City
subsidies.-- He stated ,that ,if--it is ,the intent to perform
further-,review-in,an--expeditious manner, the firms having,
the, ,best work-ing, ,knowledge--of this- site are Michael Brandman
Associates who prepared-the EIR for the Amended-Hellman
Specific Plan,-and LSA who--has prepared, the most ,extensive
mateI'ial-with regard--to on-site--wetlands. ,He ,noted that
concern, has been raised with-,regard- to Mola Development
having--retained LSA, to work on the-,wetlands issue ,with the
Corps ,of Engineer,s ,and Fish ,and Game,--and stated however
that the ,staff does not-have a concern in, using LSA7 that
they would be ,retained, and paid--foI' ,by the-City-from,funds
deposited,-with, the ,City-by -the--project,proponent,--the
environmental ,document also I'eceiv-ing a wide, range-of ,staff,
public, and independent review. --,Mr. ,Knight reviewed ,three
consultant -possibilities ,for consideration: ,A) retain MBA as
the lead consultant - in prepar-ation, of- -the - supplemental EIR,
with-a subcontract,to,LSA for--wetlands--analysis"B) retain
MBA,as--sole, consultant to prepare the supplemental-EIR, and
in ,this case,-MBA would either have ,to per-for-m the wetlands
configuration--on theiI' own or-use--the work of..LSA as base
data, which is, a customary -practice of EIR--consultants" ,or
C) retain LSA-as,sole consultant to,pr-epare the ,supplemental
EIR., , ,In response to -Councilman Laszlo" ,the Director '
reported the time frame for the supplemental-EIR preparation
is estimated between-thirty and-forty-five days,-explaining
that--the,land--plann-ing with-regared to--the--two hundred
thirty-thI'ee,plan would--require-minimum--work,wher-e the four
hundred forty-nine-alternative with-no golf ,course ,would be
a,significantly different plan--and would, require ,more ,
extensive work, involving different,water-,configurations,
flood ,control - analysis,,--etc. '" also- that, once, the
supplemental work-is--completed-it will be forwarded for
review by--public,agencies and the publ1c--fol."a--period 'of
thirty days. "with regards--to how the ,two ,hundred thirty-
three ,scenario was, conceived, 'Mr.--Knight-r-ecalled that KRM
had used a,two--hundred seventy-eight ,illustrative ,scenario
in their financial analysis, after which Mola Development
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mentioned two hundred thirty-three as a possible viable
number at that time... The City Manager explained that KRM
was retained,to perform a ,feasibility ,analysis to the
question,of profit generated ,to the ,developer ,from the
current plan, and in -doing so the consultant projected other
hypothetical scenarios, ,substituting ,single family for
condominiums and dividing the gross area thus resulting in
the figure of two ,hundr-ed seventy-eight" the developer then I
indicated that ,scenario was not possible and in turn came
back with ,the two hundred thirty-three scenario. Mr. Nelson
rcecalled that during the same time period the Council had
expressed an-opinion that the home pr-ices,were, based on year
old figures ,and that-they ,werce,too lOW, therefore KRM
percfor-med--further analysis using the original plan,
developing the 5.l ,and, !3D ,scenarios, ,applying var-ious
outside constraints such as varying, ,housing prices, nine
percent annual appreciation rate"no appreciation rate,
modified or-, -full ,Gum Gr-ove ,Park, wetlands -of var ious
acr-eages, golf course or no golf course, etc."attempting to
show how ,susceptible, the proposal is ,to, modification of the
variations. He verified,that,a higher price figure was
applied in certain instances ,as the,result of Council
discussion in,an ,effort ,to come ,up with a project, that may
be viable. Mayor Hunt again-questioned how..the two hundred
thirty-three figure came about. Mrc. ,Kirk ,Evans, Mola
Development, explained that,they-removed the condominiums
from the ,cur~ent plan, replaced them with single family with
no changes to the golf course, Gum,Grove--park,-or ,wetlands,
accommodating..two hundred-thirty-three homes, ,this being an
attempt,to-show,that two hundred seventy-eight homes,
twenty-five acres of wetlands ,and ,ten ,acres-of Gum Grove
Park would not--work, and--pointed--out that ,this evening a
scenario of two hundred seven homes is also,presented for I
information, and ,consideration. ,Mr.--Jirovsky,stated that
when-he percformed the-updated analysis of the two hundred
thirty-three units, he was, ,inforcmed, that ,Mola ,Development
had said they could only provide ,that, number-of units and
keep the golf-course and..he-mistakenly,thought they were
able to incrcease Gum Grove to ten ,acres ,rather than the
previous, acreage- ,of.. 4.7 or 6.8, noting ,however- ,that would
have ,no bearing on..the,remainder,of,the information
pr-ovided. -To a ,question of Councilman,Grgas, Mr. Jirovsky
confirmed,that the $553,500,price figure was derived as a
sensitivity, ,analysis ,as to ,what would be ,necessary for a
reasonable--rcate of,return--to,the developer and achievable in
current ,market, however- for the ,purpose ,of --the ,feasibility
analysis ,he-was ,uncomfortable ,with,applying..the nine percent
inflation, rate to, those-prices as he,felt the economic cycle
is ,approaching a,plateau where ,one, should not expect
continued high ,inflation in-home--prices--for the,next couple
of --years, adding that-he would not recommend that the
developer proceed ,with a development of only two ,hundred
thirty-thrcee ,units or less, giving that as an optimistic
case assumption,--without some, form of cost ,relief ,in ,the
magnitude--of severcal,million dollars..., In response to a
question of-Councilman Grgas,-the Development Ser-vices
Director stated that in the current, plan approximately five I
hundr,ed ,seventy of the--six hundred ,sixty condominiums ,and '
two ,or three -of, ,the-single family homes fall within the ' ,
Redevelopment-Project,Area, ,that, the ,fiscal impact analysis
for the EIR was ,prepared based upon how many of the units
would,-lie witbin--that-arcea, which resulted in,a tax,
incrcement of approximately $989,000" ,He, explained that
under..the ,present ,consider-at ion of two hundr,ed thirty-three
single family homes, approximately-one hundred twenty would
be within the ,Redevelopment Project boundaries and ,would
generate about $600,000 per ,year ,at a,$500,000 sales price,
with no inflation taken into consideration, for the period
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of twenty-three ,years, ,or- support a four ,to six million
dollar ,bond.- Mr. Jirovsky,concurred,with,Mr. Grgas'
statement that with a two hundred, two unit--configuration
there may barely ,be enough ,tax incr-ement ,to cover ,a ,subsidy
of six to eight million, and with each unit reduction there
is further,r-eduction of tax increment. - Councilmember Risner
asked,the consultant if he ,felt the..other,scenarios would be
affected in,the same ,manner, considering the nine percent
inflation, rate applied to scenario 3.,2, if..there ,is not
double ,digit appreciation over the next two years. Mr.
Jirovsky replied that 3.2 with,-the nine..percent appreciation
would ,be an optimistic scenario, his concetn being that
prices were..increased to current ,market where..other
scenar-ios reflect year, old--prices ,and the,nine-percent-may
be,mor-e,reasonable. -Mr. ,Grgas.asked if it, is true-that the
higher the, cost of the unit ,the ,greater the pr-ice and
inflation sensitivity, as an example, if up to ten percent
inflat!on were applied to a-mid-pr-iced unit, ,affordable for
purchase, that may be mor-e appropriate than applying the
same rate to a-$500,000--or $600,000-unit where the
appreciation ,may be ,lower. Mr-. Jirovsky,said he felt that
the appreciation ,rate-would pr-obably,be more--uniformly
applied, ,explaining--that--in most - scenar-ios it was--fel t - that
the appr-ec-iation -was considered, ,a - reasonable midpoint where
price ,is now felt to, be reaching- ,a peak" and in looking back
he,would now possibly--consider using ,a higher,price for
analysis with a,reduced..inflation rate ,of-between three to
four-percent, ,the outcome of which would be,somewher-e
between scenarios ,3.2 and-3.3, and--below,the threshold
return.' He--explained that-the,prices used for ,the original
analysis -were ,taken from the-January-1988 appraisal, 'and
based--upon his knowledge-of the-overall,matket he ,felt the
prices would be approximately twenty..petcent--higher, today.
Council commented..on reported statistics of, ,sales countywide
during the, past--year, ,in-Seal Beach,..the,variable,selling
prices,,-and rate of inflation.....Councilmember--Risner said
she felt it, difficult to believe that-the original ,plan
would be-marginally,viable,..and it would-be-interesting to
apply..a twenty percent ,increase to--approximate what the
selling ,price ,may-be ,in today~s ,market. Mr. Grgas,responded
that ,even--if ,the ,prices- of Altemat-ive ,1 were--inflated by
twenty -percent and a -low appreciation, ,rate were, applied,
that would ,be-done ,under-,the assumption,of reducing,
densi ties ,to acquite, more ,acreage for- ,Gum ,Grove--park, the
golf-course"or--the wetlands, ,the,question--being what would
actually-be gained.--,The r-epresentative-from POD-stated he
felt most of ,the discussion was being..based-on,assumptions
of ,appropriate densities, product ,mixes, how much land is
available for ,development ,and under,what--conditions, and
explained-that assumptions ,will ,affect-any-unit number
outcome, and, cited as an example ,the two, hundred seventy-
eight and-the two hundred, thirty-three--modification, ,either
of which could be--achieved--by modifying-the assumptions only
slightly, ,as to the amount ,of land, ,available ,or the,
densi ties. -- ,He explained, -that in.. ordet to retain, the, full
size ,Gum Gtove.Park--it-would be-necessary thtough land use
planning to determine ,how ,many units would -be needed, ,how
they couldube ,allocated, ,how the-product could be changed,
how the ,constraints, of,the, site--would--be dealt with, and
would ,involve complex-analysis-that-would-take ,a ,number- of
months.-- With-regard to developing ,a workable ,mix of housing
units ,to replace the,three-story-stacked,condos, ,produce the
necessary,tetur-n to--the--developer, -and provide between eight
and ten ,acres ,of ,Gum Grove Park,-the..POD, representative
hesitantly responded-that Alternative--6 of the..original
analysis sets forth..a--product'mix..of,single-family attached,
detached,-and condominiums under ,some assumptions regarding
the-amount..of..land,avaUable, the product mix, and,that with
such mix he ,felt it would be,difficult--to--retain the golf
course and the park, and if the golf course were factored
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in, the number of units would be reduced considerably. He
added that as a very pr-eliminaty estimate, if there were to
be a golf course of-around,seventy-five acres, 10.4 acre
park, twenty acres ,of ,wetland, ,and an approximate mix ratio
of condos to townhouses to single family as envisioned by
Ponderosa, ,he would guess possibly ,four ,hundred units on the
site. He,emphasized that he was,not suggesting that such
estimate ,would work, stressed that ,the, calculation did not
take into consideration the physical factors of the I
available land, and ,stated it is not professional practice
to make such snap estimates. ,Mr. Knight clarified that the
POD consultant was using the types of densities that had
been ,proposed-by ponderosa. Again with regard-to average
prices, and ,appreciation rates, Mr... Jirovsky ,explained that
nine percent was felt ,to -be ,a ,reasonable number for long
term average, in excess of ten years.
With consensus of the--Council, ,Mayor Hunt declared a recess
at-8:33 p.m. The,Council,r-econvened at 8:53 p.m. with Mayor
Hunt calling the meeting to order.
Whe..City,Manager noted ,the reference, being ,made ,to a number
of statistics and-the..consultants having been asked to offer
detetminations,that-are arbitrary ,and ,require complicated
calculations~ ,citing as an example the discussion of housing
mix. .. He -suggested that ,rather than fur,ther ,discussion of
the variables of ,numbers, that consideration,be focused on
the land..use, the current application, or alternatives that
may ,be considered. ,Of Mr. ,Jirovsky, ,Mr. Nelson asked if ,the
four hundred dwelling units wer-e ,considered and a product
mix,wete cteated, would it ,be economically feasible. Mr.
Jirovsky, responded..that the--first question ,would be what
would compose the mix, if ,it were two hundr-ed ,single family, I
one, ,hundred fifty -townhomes ,and -fifty condominiums it may be
feasible, if the ,mix were one hundred, one hundred and two
hundred, that would-most likely-not be feasible, with the
question--remaining as to reasonable-size lots ,for single
family and townhomes, ho~many,can actually be placed on
that land. He offered-his opinion..that ,he ,did ,not feel
there -could, -be, an adequate ,number ,of single family and
townhomes to, make ,that scenario ,feasible, that dtopping from
seven hundr-ed,plus units that is thought to be feasible, to
fout hundred,would,not appear to be ,feasible unless the
single ,family ,lot ,was consider-ably,smallet and the sales
pr-ice-would not be affected to a great degree. Discussion
continued.
The--City-Manager again-utged that land use be the
consideration, at ,this, time ,rathet,than,unverified and,
confusing possibilities, noting that the Council has ,the
option-of acting ,on ,the ,current plan, ,or consider the
alternatives proposed-which in turn would be, teferred to
staff, for, a supplemental ErR" ,f inancial analysis, etc. with
recommendations coming ,back ,to ,the ,Council., Councilman
Grgas,suggested that the ,alternatives ,recommended by staff
for..further analysis be considered, ,the fout hundred forty-
nine single family-dwelling alternative ,provided by Mala
Development, -the ,two hundted thirty-three ,or ,now possibly I
two ,hundred two ,single ,family dwelling -alternative with an
eighteen hole ,golf ,course, ,full Gum ,Grove Park, and twenty
to twenty-five ,acres, of wetlands, and, the-mixed use,
alternative-comprised of,appr-oximately ~our,hundred,units,
that-the staff be directed to provide-for ,the supplemental
EIR and financial analysis ,and to-r-etain,the necessary
consultants relating thereto, return that information to the
Council for further,review-and-decision. -Councilmember
Risner, ,noted her-- ,attempt -to - evaluate the- al ternati ves
proposed to determine what would be acceptable to the
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public, Council, and the developer before referring an
alternative for further- analysis, one consideration being
the cost of such analysis, her understanding being that Mola
would only pay the cost of evaluating the four hundred
forty-nine plan. She expressed her feeling that if the City
Council believes that the golf course can not be reduced in
acreage and still be viable, and if the developer believes
his profit is determined by density and can not explore an
alternative to the condos without lessening the acreage for
the golf course and shows no willingness to cut the condo
footprint, then evaluation of other land uses seems to be
futile. She made reference to the, original plan which
proposed a one hundred ,five acre golf course and
undetermined acreage for the Gum Grove ' and wetlands, noting
there is now a range of estimated acreage for wetlands, also
it is felt that some Park parking is necessary.
Councilmember Risner stated the four hundred forty-nine
plan, eliminating the golf course, appears to be the only
alternative supported by the developer, although that plan
will not be acceptable ,without major revisions, however if
there were assurances that there would be a buffer zone for
adjacent properties, the densities lowered, and a majority
of the Council supported that alternative, some of her
concerns would be eliminated, yet if there was not majority
support to eliminate the golf course, further exploration of
this plan would not-be warranted. Mrs. Risner made
refe~ence to,the four,forty-nine diagram with regard to the
referenced buffer area" suggested relocation of the street
running through the project, possibly include some cul-de-
sac areas, and elimination of some housing units, possibly
in the location of the oil wells, bringing that alternative
closer to four ' hundred units of single family, 3.6 acre
neighborhood park with possibly four tennis courts, Gum
Grove ,at 10.4,acres, 42.9 acres ,of wetlands, and no golf
course. She added that the developer has said that placing
the condos on the twenty-six ,acres with single family and/or
other- housing mix will not work, yet she felt that
alte~native worth evaluating, and in this case to
accommodate the twenty-five acre wetlands the condos would
need to be moved closer to First Street, and quite possibly
reduce the condo footprint. Councilman Laszlo stated it was
his impression that the Council would be looking to a
development that would provide ,for wetlands, golf course and
full-size Gum,Grove and that it appeared that could only be
attained ,through the original proposal, yet the community is
not supportive of ' that plan, and suggested that the four
forty-nine alternative with thirty-five acres of wetlands
and no golf course ,may be ,acceptable. Noting the lack of
public input into the planning process for the Hellman plan,
Mr. Laszlo suggested that the developer, with the citizens,
and ,an independent mediator, could commence discussions to
develop a new-plan for the subject property, a process
similar ,to that for the Department of Water and Power site.
Councilman Laszlo indicated he would support a ,golf course
if it could be accommodated on,the site although it appears
it can not, that four hundred units appears to be
reasonable, and that he did not expect the other
alternatives to prove economically viable. Councilmember
Wilson stated she was opposed to subsidizing any plan, as
well as further use of consultants, and that she felt the
only workable plan was the original application, that it is
viable, -eliminates the six hundred ,square foot condos, and
adds five ,acres of additional recreation. Mrs. Wilson read
several recently received letters which in part, supported
the ,condominium units ,while objecting to the stacking,
opposed all ,single family,units, supported private property
rights, referred to the public hearing process as not meant
to be a popularity contest but only a means to disclose
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opinions and concerns, more than fair ,share to be paid by
developer and future residents, process the project
expeditiously, etc. She also noted ,receipt of a letter from
Huntington Beach Mayor pr,o Tem supporting the developer and
his projects in that community.
In response to Councilman Laszlo, the ,City Attorcney
explained that in this case application has been made for a I
tract map, General Plan and Specific Plan amendments, and
that the Council does have the discretion to,deny the
amendments which in ,turn would allow the ,flexibility to-deny
the application. He clarified that procedurally the Council
is ,now at the point o~ deciding ,whether to review project
alternatives, and if that is the decision then the
application must be continued to allow such review. Mayor
Hunt stated he ,was opposed to the four hundred forty-nine
alternative even though it may bring greater revenue to the
City, citing his reasons that the impact on traffic would be
equal to or worse than the current proposal, a segment of
the public would not be allowed the opportunity for
affordable housing, that there would, be a long-term downturn
effect on housing ,prices, ,significant loss of open space,
and loss ,of the golf course and resulting recreation hours.
Councilmember Risner indicated she would support the four
forty-nine plan with the changes previously mentioned, and
inquired if the developer had any,objection to her
modifications. Mr., Evans stated-that if the majority of the
Council chose ,to ,consider the four hundred forty-nine homes,
they would ,want to meet with the residents of the Hill or
any group to obtain some consensus regarding that plan,
explaining that to modify that scenario at this time without
consultant assistance, would be difficult. Mr. Evans
indicated they could,support consideration of the four I
forty-nine plan and pay for- the processing, noting however
that that number is not firm, that the supplemental EIR
would be based on that number and an alternative analysis in
that document could include any other scenario that the City
would want to look at and pay the cost of. Mr. Evans
clarified that this plan provides for minimum five thousand
square ,~oot lots, dwelling unit of fifty,feet in width with
five foot ,sideyards, and a three car garage, and
acknowledged that a mix of lot sizes could be looked at if
that ,were desired. He again indicated their willingness to
proceed ,with a single family alternative if the golf course
alternative with fewer single family dwelling is not
financially feasible, ,as has been stated it would not. Mrs.
Risner asked if it were not within the jurisdiction of the
Council to make modifications. to this scenario at this time
if the developer is to pay for the cost of further analysis.
The City Manager explained that if it is determined to
further review the four forty-nine alternative, that would
be considered the applicants alternative and the City would
contend ,that the applicant would bear the cost of the
supplemental EIR, however should the Council choose an
alternative that the applicant does not agree to, that would
be a City alternate and the City would bear costs related
thereto, in addition, if a City alternate is chosen and is I
not acceptable to the applicant and the applicant's
alternate is not also chosen, the Council would need to take
action on the current application by February 1st. The City
Attorney verified that statement, and made reference to the
previous meeting where an alter,native and a delay of the
pending application was proposed by the applicant, which
allows the possibility for consideration of other
alternatives, one of which the developer must be willing to
grant an extension on. ,He added that the Council can
continue to consider alternatives on a conceptual rather
than detailed basis at this time, that the consultants will
1-16-89
prepare the information with regard to the variations,
thereafter all data will come back to the Council for
further consideration and decision. Discussion continued.
I
Councilman Grgas moved that the four hundred forty-nine
alternative be considered for further review, including
supplemental environmental impact review, and staff analysis
to determine the impacts of that alternative. Councilmember
Risner seconded the motion with the understanding that
variations will be considered. The City Attorney stated he
believed the ,understanding ,was that there would ,be an
analysis of what variations would be possible under the four
forty-nine alternative. Councilman Grgas advised that it
was his intent to only vote for this alternative at this
time to allow for evaluation, and should the opinion be that
a lesser number of dwelling units are possible, he would
then ,give that option further consideration, that at this
point he would defer the exact number of units to the staff
and consultants given ,the environmental constraints and
feasibility of project. Discussion continued.
AYES:
NOES:
Grgas, Laszlo, Risner
Hunt, Wilson
Motion carried
I
Council discussion continued with regard to considering
alternatives of two hundred two ,and/or two hundred thirty-
three units. Councilman Grgas asked if a majority of the
Council were willing to consider a subsidy of the two
hundred ,two alternative, and moved ,to consider that
alternative which would include the entire Gum Grove Park,
wetlands, ,and eighteen hole ,golf course in its' current
configuration. Mr. Knight advised,that it could not be
definitely ,stated at this time that the two hundred thirty-
three alternative would allow for a-configuration of Gum
Grove Park at ten acres ,of more, that ,the scenario developed
by POD included those ' parameters however were unverified
calculations, ,also that Mala submitted a two hundred two
unit, plan that, was felt could be produced with all of the
components ,provided, and,if,desired those scenarios could be
looked at to determine exactly how many units could be
accommodated with the ,Gum Grove, ,golf course and wetlands.
Councilman Grgas pointed out that under either of these
alternatives there is an implied subsidy requirement. The
City Manager clarified that the only funds that would be
available as a subsidy ,would the Redevelopment tax increment
generated from this development. ,The City Attorney advised
that the Council could determine the number of dwelling
units that they would prefer to have studied further,
whether it be two hundred two or two hundred thirty-three,
however he would recommend the higher figure as it would
allow for greater flexibility for the consultant to
determine if it would fit on the site. Members of the
Council continued ,to express their opinions as to how many
units were felt could be placed on the project site. With
regard to the cost for analysis ,of the two thirty-three
scenario with a land planning component, Mr. Jirovsky stated
the financial analysis would be in the area of two thousand
dollars, and,Mr. Glover added that ,he did not feel it would
be ,appropriate to estimate costs at this point not knowing
the ,depth of analysis or scope of work. The Development
Services Director suggested the cost could range from ten to
twenty-five thousand given the background information that
is already available.
Councilman Grgas moved to analyze the two hundred thirty-
three single family alternative with the eighteen hole golf
course, attempt to ,preserve the entire Gum Grove park, and
twenty-one to twenty-five acres of wetlands, with the
I
1-16-89
understanding that the Council would be willing to accept a
subsidy through Redevelopment Agency funds to achieve this
alternative. In,response to Council, the City Manager
explained that it appears there may be a shortfall for this
alternative,somewhere between eight and seventeen million
dollars, that it also appears that this plan may only
generate four million dollars towards a subsidy. Mayor Hunt
seconded the motion, and discussion continued. Councilman I
Laszlo requested, if the motion is not approved, to be
provided a report as to why this ,alternative is not
feasible, he also objected to the City funding further
studies or analysis. Councilmember Risner indicated she may
be willing to consider this motion after considering the
mixed use alternative, and stated that providing public
improvements through the use of tax increment to benefit a
project area would not be considered a subsidy.
AYES:
NOES:
ABSTAIN:
Grgas
Hunt"Wilson
Laszlo, Risner
Motion failed
Councilman Grgas moved to direct staff to evaluate the
alternative combining,single family and multi-family
dwellings, whatever ,the number may be, preserving the entire
Gum Grove Park, as much wetlands as possible, with and
without a ,golf course., There was no ,second to the motion.
Councilmember Risner moved to evaluate an alternative that
combines approximately four hundred single family units,
townhouse units, and condos not to,exceed two stories, a
golf course of approximately seventy-five acres, Gum Grove
Park of approximately 10.4 acres, wetlands as close to
twenty-five acres as possible. In,response to Council, Mr.
Evans said ,he felt the current proposal is a mixed use I
project with an ,eighteen hole golf course, the analysis
determining that to be a marginally feasible plan, that if
the density of that plan is ,reduced to increase Gum Grove
and wetlands acreage the result would be similar to that of
the two thirty-three alternative, ,thus they would find it
difficult to justify an expenditure for such analysis. Mr.
Evans added that they could most likely achieve a townhouse
at twelve units per acre or around one hundred ninety such
units, their analysis showing that that number with the one
hundred thirteen single family units will not work
economically and is not financable, somewhat less viable
than ,the single family development due to the cost of the
townhomes. ' Again with regard to associated costs for review
of alternatives, the City Manager noted that one alternative
has been referred, to which the developer has agreed to and
will assume the costs, and if this scenario could be
included in the ' scope of work as an alternative there would
likely be minimal,cost, however if this sceanario were to
create a much greater amount of analysis of alternative
elements to the four forty-nine plan, there would be some
additional ,costs, possibly up ,to ten thousand dollars. With
regard to the golf course, the Development Services Director
clarified ,that evaluation of a nine versus eighteen hole
golf ,course would ,entail totally different design. Mr. I
Grgas added that the ,consultant's report had deemed a nine
hole course as not being a viable alternative.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner
Wilson
Motion carried
With regard to continuing ,the public hearing, the City
Attorney ,advised that ,at this time the Council could direct
that certain consultants be retained ,and then continue the
public hearing, also, since two alternative plans have been
1-16-89
I
selected for further review and since no action will be
taken on the alternatives or the application ,at this
meeting, he suggested that as part of the environmental
review process the City could hold public scoping sessions
with the environmental consultant to gain further public
input on the plans being reviewed. In response to the
Council, he added that the Council could limit the number of
sessions or the time duration thereof, and recommended that
those sessions take place early in the process before the
draft is actually prepared. He also advised that when the
public hearing is continued the consent of the developer to
do so will be necessary, and with the exception of the time
needed by the consultants to complete their review, there
would be no further time constraints at this time.
I
With regard to including the two thirty-three alternative
and the related costs, the Director explained that since the
majority of work will be accomplished under the four forty-
nine scenario, it could most likely be reviewed at a minimal
cost. The City Manager pointed out that the two thirty-
three alternative included an implied subsidy from
Redevelopment Agency tax increment which would require him
to retain a financial consultant and an appraiser, that a
market ,study would be required, and in turn will be
confidential information to allow negotiation with the
developer with regard to the amount of subsidy. In response
to ,the Council, the Director explained that through the
City's Specific Plan process there is a ,means for recovery
of, monies expended relating to that ,Plan, including
environmental work, ,on a prorata basis and usually at the
time of building permit issuance.
With unanimous consent of the Council, Mayor Hunt declared a
recess at 10:30 p.m. The Council reconvened at 10:44 p.m.
with Mayor Hunt calling the meeting to order.
I
Councilman Grgas made reference to and read excerpts from a
November II, 1988 letter from Assistant City Attorney
William Strausz relating ,to the use of tax increment funds
for groin improvements and sand replenishment.
Councilmember Risner moved to include the two hundred
thirty-three single family alternative for evaluation. She
noted that there ,may be an implied need for Redevelopment
Agency ,tax increment assistance..under this alternative,
however the analysis will determine if that is so. At the
request of Council, the City Manager restated the need under
this alternative to engage the services of an environmental
and financial consultant and an ,appraiser, the need for
confidential information" and negotiation of a developer
agreement. Discussion followed, and some members of the
Council indicated they did not feel a subsidy would be
acceptable, also,that if it is found through evaluation of
the other alternatives, that the two thirty-three alternative
may be feasible, ,it may be worthwhile to consider that
scenario at ,a later date. Councilmember Risner asked that
the staff be di(ected to retain an appraiser to evaluate and
determine what the price of a home would be under the two
thirty-three plan. The City Manager noted that a
significant factor is the golf course, also the driving
range, the- applicant--stating that without the driving range
the golf course is not an ,economic entity. Mr. Evans
(esponded to the Council that a report prepared several
months ago compared an eighteen and.a nine hole golf course,
set forth the anticipated income that would be derived from
an eighteen hole course, that ,a nine hole course did not
work, and that the golf course without a driving range had
forty percent less income, also noting that the KRM analysis
1-16-89
showed the value of the golf course at about ,equal to what
it would cost to build. Mrs. Risner again stated she wanted
a firm sales price for the units under this scenario, and
that she felt a home under the two thirty-three alternative
would sell for more than under the other scenarios. Mr.
Grgas noted that information would be forthcoming through
the evaluation of the four forty-nine alternative, a sales
price of comparable single family dwellings, size, quality, I
etc., with and without golf course.
Councilmember Risner restated her motion to retain a real
estate appraiser to determine home ,prices under the two
thirty-three alternative. Councilman Laszlo seconded the
motion. Councilman Grgas moved a substitute motion that the
analysis be conducted for no more than one thousand dollars
and that KRM have an opportunity to review the analysis to
determine that the sales prices are achievable. Mrs. Risner
initially stated the..substitute motion was not acceptable,
yet asked what the cost would be for a KRM review.
Discussion continued. Mr. Jirovsky responded that the cost
would be no more than a few hundred dollars. Councilman
Laszlo seconded the substitute motion.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner
Wilson
Motion carried
Mayor- Hunt ,outlined ,the actions yet to be taken, selection
of consultants, ,continuation of the ,public hearing, possibly
to May,lst, Redevelopment ,Plan as it ,relates to the
Department of Water and Power property, time frame for
scopiqg,sessions, noting a suggestion that they could occur
concurrently with the Environment Quality Control Board
meetings.
I
Councilman,Grgas moved that LSA be retained for the wetlands
analysis and that MBA be retained as the lead consultant.
Councilmember,Risner moved a substitute motion that MBA be
retained as the sole consultant for preparation of the
supplemental EIR.
Considerable discussion followed., ,In response to a question
of Council, the Director of Development Services stated that
in his ,professional opinion to the Council, under both staff
recommendations, retaining MBA with a subcontract to LSA for
wetlands,analysis, or retaining MBA as the sole consultant,
the consultant will be using LSA data, under the
subcontracting arrangement they would be exchanging data,
experts, ,and ,opinions, and with MBA being the sole
consultant, ,they would be exchanging ,data, again explaining
that in preparing EIR's any data that has been created is
used. ,He said it is his understanding that LSA has been
working ,on the wetlands issue for more than nine months, and
in either ,case MBA must validate their information, that it
is their reputation ,and responsiblity to do so, that
consulting firms specialize in being as objective as
possible under all circumstances, also that the staff is I
retaining them with ,the assurance that they will produce an
objective document ,that is legally defensible. He added
that the time ,frame, for preparation would be similiar with
either recommendation, and that the cost will be borne by
the developer.
Councilman Grgas restated his motion to retain,MBA with a
subcontract to LSA. Mayor Hunt seconded the motion.
1-16-89
AYES:
NOES:
ABSTAIN:
Grgas, Hunt, Wilson
Risner
Laszlo
Motion carried
I
Mr. Knight advised that it will be necessary to retain a
land use consultant to develop the mixed use alternative and
the financial analysis. The City Manager reported that Mr.
Glover had informed him that POD would withdraw from
consideration to provide land use services. The Director
briefly reviewed the list,of land use planning consultants,
and suggested that Pe~idian be deleted since they recently
developed ,an alternate ,plan for Mola. Wilson moved, second
by Hunt, to authorize staff to select the land use planning
consultant, based upon the scope of work, associated costs,
and time frame. ,It was also suggested that it may be
helpful if the consultant were to have some golf course
experience.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
I
It was the consensus of the Council to retain the firm of
KRM to conduct the financial analyses.
The City Attorney noted that the next consideration could be
the continuation of the hearing with consent of the
developer, and separation of the issues for amendment of the
Redevelopment Plan. Members of the Council acknowledged
that it may be ,worthwhile to,consider the Department of
Water and Power portion of the amendment at the earliest
possible time.
Gr,gas moved, second by ,Hunt, to continue the joint public
hearing relating to amendment of the Redevelopment Plan,
proposed Resolution Number 88-3, proposed Resolution Number
3819, and proposed ,Ordinance ,Number ,1278, until the next
regular Agency meeting, February 20th.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
ADJOURNMENT OF REDEVELOPMENT AGENCY-MEETING
Grgas moved, second by Hunt, to adjourn the Redevelopment
Agency meeting at approximately 11:20 p.m..
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
I
The City Attorney recommended that the public hearing on the
remaining items be continued until, May 1st with consent of
the developer, with some leeway also granted until May 15th
if deemed ,necessary. It was pointed out that the Council
may have the reports, supplement to the EIR, planning and
financial ,data, etc. by May 1st however there may not be
adequate time to make a final decision-at that meeting,
therefore it would be necessary to continue consideration
until the following meeting. The staff assured the Council
that ,they would be ,provided with all related documents and
reports as they become ,available. ,Mr. Evans agreed to grant
the extension until the second ,meeting in May. ,The City
Attorney advised that the extension will be required in
written form fr-om the developer-. Mr. Evans questioned
whether an appraiser .could be retained for a thousand
dollars, expressing ,their concern that the City does have
appropriate information, and noted that their firm could
provide the information if the City would accept it.
Discussion followed.
With regard to a determination of housing prices under the
two thirty-three scenario, Grgas moved, second by Laszlo, to
1-16-89
authorize the City ,Manager, to retain the services of a real
estate appraiser at as reasonable a cost as possible,
removing the previously authorized $1000 maximum.
AYES:
NOES:
ABSTAIN:
Grgas, Hunt, Laszlo, Risner
None
Wilson
Motion carried
Grgas moved, second by Laszlo, to continue the public I
hearing relating,to proposed Resolution Number 3820, General
Plan Amendment la-88, proposed Resolution Number 3821,
General Plan Amendment Ib-88, proposed Ordinance Number
1279, Hellman Specific Plan Amendment, proposed Resolution
Number 3822, Tentative Parcel Map 86-349, Resolution Number
3823, Vesting Tentative Map l3198, and proposed Resolution
Number 3824, Precise,Plan Review for Vestting Tentative
Tract l3198, until the regular meeting of May 1, 1989 at
7:00 p.m.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
with ~egard to providing for the ,holding of scoping
sessions, the City Attorney reported that the Development
Services Dircector had pointed out that there will be a
hearing before the,Environmental Quality Control Board on
the dr-aft EIR, that ,meeting being an optional time to
receive public, input, and if a separate,scoping session is
desired,--he--suggested that ,it be held early in the process
of preparing the supplemental EIR with the environmental
consultant conducting such session(s). The Director stated
that the,sessions could be advertised for public information
through a news release, and, that they would be held during I
the period that the EIR supplement ,is ,being ,prepared. The
City Attorney clarified that the Council has two
alternatives,-using the EQCB meeting to receive public
comments, or,a separate scoping session could be held with
the environmental consultant, noting that the supplemental
EIR would subsequently be before the EQCB.
Grgas,moved, second by ,Risner, that ,the separate scoping
session with the environmental consultant be held.
AYES:
NOES:
Gr-gas, Hunt, Laszlo, Risner, Wilson
None Motion carried
The-City Attorney advised that since action was taken to
continue the public hearing, there should be no further
testimony on the project or the alternatives.
with consent of the Council, Mayor Hunt declared a recess at
11:41 p.m. ,The Council reconvened at 11:52 p.m. with Mayor
Hunt calling the meeting to order.
RESOLUTION NUMBER 3834 - COMPLETION - PROJECT NUMBER 600 -
SIDEWALK, ,RECONSTRUCTION
Resolution Number 3834 was presented to Council entitled nA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR PROJECT #600, SIDEWALK RECONSTRUCTION
CITY-WIDE IN ACCORDANCE WITH A CONTRACT ENTERED INTO BETWEEN
BRUCE ,PAVING COMPANY, INC., AND THE CITY OF SEAL BEACH.n By
unanimous consent, full reading of Resolution Number 3834
was ,waived. Risner moved, second by Hunt, to adopt
Resolution Number 3834 as presented.
I
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
1-16-89
I
RESOLUTION NUMBER 3835 -,CITY ,MANAGER COMPENSATION
Resolution Number 3835 was presented to Council entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, A CHARTERED CITY, ESTABLISHING A COMPENSATION
AND BENEFITS PROGRAM FOR THE CITY MANAGER OF THE CITY OF
SEAL BEACH AND REPEALING, ON THE EFFECTIVE DATE SPECIFIED,
ALL MOTIONS AND RESOLUTIONS IN CONFLICT THEREWITH." By
unanimous consent, full reading of Resolution Number 3835
was waived. Wilson moved, second ,by Hunt, to adopt
Resolution Number 3835 as presented. Councilmember Risner
stated she-would abstain ,from voting on this item as she was
not present during the evaluation-process and did not agree
with all provisions of the Resolution.
AYES:
NOES:
ABSTAIN:
Grgas, Hunt, Laszlo, Wilson
None
Risner
Motion carried
I
RESOLUTION NUMBER 3836 - ORANGE COUNTY TRANSPORTATION
COMMISSION - ANTI-GRIDLOCK PROGRAM
Resolution Number 3836 was presented to Council entitled RA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
SUPPORTING THE ORANGE COUNTY TRANSPORTATION COMMISSION'S
ANTI-GRIDLOCK PROGRAM AND REQUESTING "DO NOT BLOCK
INTERSECTION, FINE UP TO $500" SIGNS FOR POSTING AT
CONGESTED INTERSECTIONS IN THE CITY." By unanimous consent,
full reading of Resolution Numbe[ 3836 ,was ,waived. The City
Manager noted that the correct reference in the Resolution
is ,"fine" r-ather than Rfee." In response to Councilman
Laszlo, the staff reported that the fine was established by
State ,law, that the fine for drunk driving is also $500, and
that ,the courts will retain a portion of each fine, the
remainder ,coming to ,the City ,for it's enforcement effort.
Councilman Laszlo ,stated that if this Resolution is adopted
he would request that Lampson Avenue at Seal Beach Boulevard
and the freeway entrances be deleted from the designated
intersections. He asked ,if there is a-problem of
intersections being blocked ,in this City, and if so, he
stated the problems have ,been caused by development and the
citizens should not be, penalized. Councilman Grgas stated
he believed that ,this program has been ,adopted in both Los
Angeles and Orange ,Counties in an attempt to make the
driving public aware that they ,can ,remain stopped in an
inte[section. The City Engineer reported some problems have
occurred on Pacific Coast Highway and although he had not
personally ,observed problems on Seal Beach Boulevard, there
have ,been reported backups. He pointed out that since this
is State,law and whether or ,not ,signs are posted, there is a
fine of up to $500 for someone standing in the intersection
and causing gridlock. Councilmember Risner expressed her
objection to further signage. Discussion followed. The
City ,Attorney noted that a question may be whether or not a
citation would be enforceable if the signs were not posted.
Laszlo,moved, second by Risner, to not participate in the
progr-am at this time., The City Engineer confirmed that the
proposed Resolution was a condition of obtaining the signs,
and that he could not forsee any other ramifications other
than the ,comment of the City Attorney. Mr. Stepanicich
advised that the signage was a major aspect of the State
program, and offered to review the provisions of that law
for the Council. Councilmember Risner withdrew her second
to the motion.
Wilson ,moved, second by ,Risner, to postpone action on this
item pending further review and report from the staff.
I
1-16-89
AYES:
NOES:
Grgas, Hunt, Risner, Wilson
Laszlo
Motion carried
RESOLUTION NUMBER 3837 - SUPPORTING REPORT REVISION - WATER
QUALITY CONTROL PLAN - SAN FRANCISCO BAY/SACRAMENTO-SAN
JOAQUIN DELTA ESTUARY
Resolution Number 3837 was presented to Council entitled nA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
URGING THE STATE WATER RESOURCES CONTROL BOARD TO REVISE ITS
DRAFT REPORT ENTITLED nWATER QUALITY CONTROL PLAN FOR
SALINITY, SAN FRANCISCO BAY/SACRAMENTO-SAN JOAQUIN DELTA
ESTUARy.n By unanimous consent, full reading of Resolution
Number 3837 ,was waived. Risner moved, ,second by Laszlo, to
adopt Resolution Number 3837 as presented.
I
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
CONSENT--CALENDAR - ITEMS npn throuqh nWn
Councilman Grgas requested that Item nS. be held over until
next meeting, Councilmembers Grgas and Wilson advised they
would abstain-f~om voting,on Item npn as they were absent
from that ,meeting, ,and Councilmember Risner would abstain
from voting ,on Item nQ". Councilmember Risner asked to be
provided a response from staff regarding park bond monies
that may be upcoming fo~ which application should be made,
suggesting ,that there ,is a need to apply for such monies for
development, improvement or additional purchase of
parklands. Risner moved, second by Grgas, to approve the
recommended action for items on the Consent Calendar, except
Items np, Q, and S, as presented.
R. Approved regular demands numbered 72968
through 13193 in the amount of $943,757.72,
and payroll demands numbered 33568 through
33724 in the amount,of,$182,782.86 as
approved ,by the Finance Committee, and
authorized warrants to be drawn on the
Treasury for same.
I
T. Appropriated-an ,amount not to exceed $4000
for participation in-the July 4th, 1989
Fireworks Show at the Armed Forces Reserve
Center.
U. Approved the request of the Recreation
Department to use the 1986 Park Bond Act
allocation of $74,000 to refurbish the
Marina Community ,Center ,and to remodel
the existing,restrooms to accommodate
the handicapped, and authorized the City
Manager to make application for final
funding.
V. Denied the,Notice of Action to Recover
Prope~ty Taxes of the County of Orange to
the complaint of Los Angeles,SMSA Limited
Partnership, dba PacTel Cellular.
W. Denied the claim of Anna Roach for personal
injuries and referred same to CalTrans.
I
AYES:
NOES:
Gr-gas, Hunt, Laszlo, Risner, Wilson
None Motion carried
1-16-89
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM npn - CITY COUNCIL MINUTES
Laszlo moved, second by Hunt, to approve the minutes of the
regular meeting of November 21, 1988.
I
AYES:
NOES:
ABSTAIN:
Hunt, Laszlo, Risner
None
Grgas, Wilson
Motion carried
ITEM non - CITY ,COUNCIL MINUTES
Wilson moved, second by Laszlo, to approve the minutes of
the regular meeting of December 19, 1988.
AYES:
NOES:
ABSTAIN:
Grgas, Hunt, Laszlo, Wilson
None '
Risner
Motion carried
ITEM nSn - REPORT,- EISENHOWER PARK RENOVATION
Grgas moved, second by Laszlo, to hold this item over until
the next meeting.
AYES:
NOES:
Gr-gas, Hunt, Laszlo, Risner, Wilson
None Motion carried
SUNSET,AQUATIC PARK - PROPOSED EXPANSION
The City Manager reported this item ,was continued from the
December 19th meeting for further consideration and action
by the City Council.
I
Councilmember Risner moved ,to support development concept
ncn, providing ,for no overnight ,recreational vehicle
campsites. She pointed out that ,Huntington Beach is
affected by the ,expansion of Sunset Aquatic Park to a
greater, degree than is Seal Beach, and after reviewing the
staff ,report ,and action of the Huntington Beach Council, she
felt this ,City should likewise support concept nCn. She
added that the expansion plan will be ,coming before the
Harbors, Beaches, and Parks Commission in February.
Councilman Laszlo expressed his preference ,for concept nBn
which ,includes ninety-eight recreational ' vehicle overnight
camping ar-eas, stating he felt there is a need for such
facilities and he did not feel they would adversely affect
properties in the vicinity. Councilmember,Risner noted that
citizens of Huntington Beach indicated that they did not
want overnight camping. ' Mr,. Greg Derr, Orange County
Environmental Management Agency, stated ,their agency prefers
concept nBn, explaining that the ,vehicle camping area would
be ,buffered with a berm and plantings to enhance the
asthetics of the area. He added that if there were no
camping,areas, there would be additional dr,y boat storage,
also that ,through their contacts ,with r,ecreational vehicle
corporations it was predicted the spaces will be reserved a
year in advance., Councilman G~gas ,seconded the ,motion for
discussion. Councilmember Risner, explained that Huntington
Beach approved concept ncn with ,modifications, requiring
certain roadway,impr,ovements, etc., and clarified that her
motion was to support concept ,ncn ,as proposed without the
modifications. Mr. ,Derr stated it would be their desire
that the Council take an-action ,relating to the proposed
expansion, and reported the plan ,will be submitted to the
Orange County Harbors" Beaches and ,Parks and then to the
Board of Supervisors for consideration. Discussion
followed.
I
Councilman Laszlo questioned a letter from a resident of the
Coves submitting ,a complaint regarding alleged odors
emitting ,from the sewer system. The Director of Public
Works responded that the City ,serves Sunset Aquatic Park
with water and sewer facilities, and that there is a force
main from the Park ,running to ,an ,area in the vicinity of the
Coves, and from time to time there have been complaints
1-16-89
regarding odors. He explained that it is felt the flow in
the force main is currently low therefore,hydrogen sulfide
gas is generated, which is the odor generator. He added
that the Public Works Department will be experimenting with
a chlorine powder which will be injected into the system and
is anticipated will solve the odor problem. Mr. Jue also
responded that the existing line should be large enough to
accommodate the expansion at the Park~ however it would be I
preferred that Huntington Beach take over the facilities
since both the sewer and water lines run under Anaheim Bay
and on occasion have-resulted in somwhat costly maintenance
and repairs. The ,County representative confirmed that
drainage ,facilities would be required for the overnight
camping site, and advised that ' their studies showed that the
existing sewer facility is capable of handling the proposed
usage. He also explained ,that they had looked at running
the line into the existing system on Edinger however that
system is currently at capacity therefore could possibly
require expansion ,of that system,or on-site retention and
pumping after peak hours. He stated this decision will be
made as the plans are further developed. Mr. Jue confirmed
that there would be a sewage fee charged for the use of the
City facility, and he believed there is a new flow meter on
that line. Discussion continued.
Member-s,of,the Council indicated,their intention to abstain
from voting ,on ,this matter, citing, ,the lack of ,direct public
testimony, unresolved,technical problems such as the sewage
issue, and the ultimate decisions to be made at the Harbors,
Beaches and Parks Commission and Board of Supervisors level.
Vote on motion to support concept "C":
AYES:
NOES:
ABSTAIN:
Risner
Laszlo
Grgas, Hunt, Wilson
I
Motion failed
Risner- moved, ,second by Hunt, to take no ,position on this
matter. Discussion continued. The County representatives
pointed out that the public input regarding this regional
park that will serve all of Orange County may be made by
only ,a few ,persons who reside near the Park, and that the
plans ,proposed a~e,greatly reduced in intensity, from what
was ,considered at the ,Coastal Commission level ,a few years
past, noting ,also ,that if the ,expansion ,is reduced to a
point,where the County will realize no return, the project
will be determined infeasible.
Vote on motion to take no position:
AYES:
NOES:
Grgas, Hunt, Lasz 10, Risner, "Wilson
None Motion carried
After, further discussion, Councilman Laszlo moved to support
concept "B" that ,provides for-ninety-eight new recreational
vehicle overnight camping areas. Mayor Hunt seconded the
motion.
AYES:
NOES:
ABSTAIN:
Hunt, Laszlo, Wilson
None"
Grgas, Risner
I
Motion carried
REQUEST ,- ,RUBY',S ,DINER - PIER SIGN
Risner moved, second by Wilson, to hold this item over until
the meeting of February 20th as requested by the applicant.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
1-16-89
CITY COUNCIL ITEMS
There were no Council items for discussion.
I
ORAL COMMUNICATIONS
Mayor Hunt declared Oral Communication open. Mr. Galen
Ambrose, Wetlands Restoration Society, identified for the
Council the recently installed members of their Board and
reviewed the creditials of each. He said that it had been
their intent to provide expert testimony at this meeting,
and suggested that their wetlands expert, Mr. Walton Wright,
be used in conjunction with MBA and LSA, and proceeded to
comment on plans for ,the Hellman Ranch property. The City
Attorney advised that since the public hearing had been
continued, it would not be appropriate to have further
discussion on the application until the hearing is
reconvened, that there will be an opportunity to present
public comments before the EQCB and at the scoping session.
In response to a member of the Council, Mr. Ambrose
confirmed that he and his wife were the only Seal Beach
residents on the ,Society Board yet other residents are
members, and that his wife was,a legal ,secretary, he also
alleged there has been, inadequate opportunity to address the
Council. Discussion followed. Councilmember Risner stated
she felt it was inappropriate that a record had been made as
to the length of time members of ,the Council had spoken with
regard to the Hellman property development proposal. There
being no fur-ther comments, Mayor Hunt declared Oral
Communications closed.
I
CLOSED SESSION
No Closed Session was held.
ADJOURNMENT
Grgas moved, second by Wilson, to adjourn the meeting at
1:00 a.m.
AYES:
NOES:
Gr-gas, Hunt, Laszlo, Risner, Wilson
None Motion carried
.
ApprovEj~:
erk and ex-of
of Seal Beach
of the
Attest:
I