HomeMy WebLinkAboutCC Min 1989-05-15
5-l-89 / 5-15-89
,
ApprOv.e~:
Attest:
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Seal Beach, California
May 15, 1989
The City Council of the City of Seal Beach met in regular
session at 7:21 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
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Also present: Mr. Nelson, City Manager
Mr. Stepanicich, City Attorney-
Mr. Strausz, Assistant City Attorney
Mr. Knight, Director of Development Services
Mr. Jue, Director of Public Works/
City Engineer
Mrs. Yeo, City Clerk
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
EMPLOYEE RECOGNITION
Mayor Hunt presented Mr. Steve Stockett, Public Works
Department, with a commemorative plaque recognizing his
twenty years of employment with the City.
COUNCIL REORGANIZATION
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Selection of Mavor
Mayor Hunt declared nominations for Mayor open, and
nominated-Mr. Victor Grgas. Councilman Laszlo nominated
Mrs. Joyce Risner. Wilson moved, second by Hunt, to declare
nominations closed.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
Roll call vote:
In support of Mr. Grgas for Mayor: Grgas, Hunt, Wilson
In support of Mrs. Risner for Mayor: Laszlo, Risner
Mr. Grgas was declared Mayor of the City of Seal Beach for
1989/90.
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Mr. Grgas assumed the Mayor~s.,chair~and then presented a
gavel plaque to Mr. Hunt recogni~ing -his service and
contribution to the City as Mayor for 1988/89.
Selection of Mavor .ProTemoore
Mayor Grgas .declared nominations for Mayor ProTem open.
Councilmember Risner nominated Mr. Frank Laszlo, and
Councilman Hunt nominated Mrs. Wilson. Risner moved, second I
by Wilson, to declare nominations closed.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
Roll call vote:
In support of M~s. Wilson for Mayor ProTem:
In support of Mr. Laszlo for Mayor ProTem:
Grgas, Hunt, Wilson
Laszlo, Risner
Mrs. Wilson was declared Mayor ProTempore of the City of
Seal Beach for 1989/90.
PROCLAMATIONS -
Mayor Grgas proclaimed and urged the observance of the week
of May 14th through May 20th as "National Peace Officer
Memorial Week."
The Mayor proclaimed June 5th through June 9th, 1989 as
"Management Week."
"National Public Works Week" was proclaimed by the Mayor for
the period of May 21st through May 27th, 1989.
The month of May, 1989 was prOClaimed "Selective Service
System Month" by Mayor Grgas.
Mayor G~gas p~oclaimed May 14th through May 20th as
"Transportation Week."
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CONTINUED PUBLIC.HEARING - HELLMAN LAND DEVELOPMENT-
Mayor Grgas announced the continuance of this public hearing
until this date 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 l3l98, and Precise
Plan 1-88. The Development Services Directo~ presented the
staff report, noted that the Supplemental Environmental
Impact Report-had been prepared, submitted for comments, and
that responses have.been prepared to those comments. Mr.
Knight reported receipt of a late communication from the
Environmental Protection Agency, copies of.which were
provided to the Council, and that the consultant was
available to respond to that communication. The Director
reviewed the specific components of the project as
originally p~oposed for seven hundred seventy-three single
family and condominium units, Alternative "A" of four
hundred forty-nine single family units, Alternative."B. of I
four hundred thirty-three single family and townhome units,
Alternative B.l of four hundred twelve single family and
townhome units, and Alternative C of three hundred eighty
single family, -condominium, and townhome units. Mr. Knight
pointed .out that the staff.~eport addressed the status of
Gum Grove Pa~k, low to moderate income housing issues, and
suggested amended Specific Plan text for use once the
project concept is chosen. He also reviewed the actions
that could now be considered relative to the proposed
project and the alternatives. With regard to processing
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through other approving agencies such as the Coastal
Commission and Corps of Engineers, Mr. Knight explained that
there is no guarantee that if either the proposed plan or
Alternative "C", the golf course plans, receive -approval
that they would not be rejected by the Environmental
Protection Agency, noting that the responses from the EPA
and Fish and Game have indicated the feeling that the
applicant will encounter difficulty in processing a golf
course plan through these agencies, where Alternatives "A"
or "B" may be less difficult. He added that it is felt that
the processing time for the "A" or "B" alternatives,
proposing no golf course, may be shorter as the concept of
those plans more closely meet the regulations of those
approving agencies. Councilman Laszlo stated it appeared
evident that a golf course plan would result in intrusion of
wetlands and a longer approval process. Mayor Grgas
responded that he felt the length of process may be extended
in the case where the wetland areas are disturbed by
development, however the golf course would have little
bearing on the time frame where those plans require full
restoration of the wetlands acreage. Councilmember Hunt
agreed that invasion of the wetlands would be the issue, not
the fact of whether or not there is a golf course. Mr.
Knight -clarified that eighteen months is felt to be a
standard time frame for processing. Councilmember Risner
quoted from a May 8th communication from the Fish and Game
which indicated Alternatives "A" and "B" as potentially
environmentally superior....if implementation results in an
expansion of wetland acreage and wetland habitat values,
also from an EPA letter that said a project should avoid
disturbing existing wetlands, and the author stating there
would be some concern with a golf course/wetlands scenario.
The Director acknowledged that there is some minor wetlands
disruption in both Alternatives "A" and "B" that will
require mitigation, review by the Corps of Engineers, and
may require EPA approval and a 404 permit.
Mayor Grgas stated he felt everyone in the community wants
to achieve specific objectives, a quality project, maximum
usable recreational open space, preferably owned and
controlled by the City, maximum wetlands, minimum number of
units on the site, with maximum revenues generated to the
Agency and the City, and in turn, the developer having goals
to obtain approval of a plan, proceed through the other
approving agencies, maximize profits given the risks
involved, expedite the process, and develop a quality
project. He stated that although considerable attention has
focused on the Alternative "B.l" concept, after review of
all plans, -the economic analysis of each, and numerous
discussions with-the developer, consultants, and interested
citizens, he felt there is another alternative that may be
feasible and achieve most of the goals previously stated.
Mayor GIgas referred to the proposed alternative as "C-l"
and described same as portions of two plans under
consideration, incorporating a portion of the original
proposal for an eighteen hole golf course and superimposing
nine holes on the "B.l" Alternative, providing for two
hundred eighty single family units, maximizing Gum Grove
park,-providing an eight to nine court tennis facility,
maintaining wetlands ac~eage, providing a basis for
expanding the golf course onto the northerly portion of the
Hellman site in the future, and maximizing revenues to the
Agency and the City. Some discussion followed regarding the
plan proposed by Mr. Grgas and the consultant services
utilized.
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Mr. Tom Jirovsky, Vice President of Kotin, Regan, and
Mouchley, stated he had been contacted this date to provide
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a brief analysis of Alternative "C.l" with regard to
economic viability of two hundred eighty units, nine hole
golf course, and forty plus acre wetlands in tact, using the
updated appraisal figures, and estimating premiums at
$l20,OOO for lots on the golf course and approximately
$30,000 premium for the remaining homes in that community.
Mr. Jirovsky stated that if it could be assumed that
approximately ten million dollars of infrastructure were
placed in-a Mello-Roos District without severly impacting I
the tax rate on the home buyers, it was found that the
feasibility of the C.l plan met all of the rate of return
criteria and had a residual land value that was in excess of
the twenty-two million cost, assuming conventional
financing. Mr. Jirovsky qualified his comments, stating
that as the plans and designs continue to change it has been
necessary to use broad order of magnitude estimates of land
development costs, yet if a Mello-Roos District is approved
for the site, it is felt that "C.l" is economically possible
with litle or no tax increment assistance. Mr. Strausz
advised that Mello-Roos is considered a special tax that is
levied only upon the property within the development which
is served by the public improvements that are constructed,
those special taxes levied solely to pay the indebtedness,
such as the issuance of bonds, the proceeds of which are
used to construct the improvements, and that the City would
not be liable for payments beyond the special tax that is
levied.- Mr. Jirovsky stated that based upon past experience
he had used l.5 percent of the estimated home price to
calculate a ten million dollar Mello-Roos, that being a
common percentage in the-Southern California area. Mr.
Jirovsky added that other than the property taxes-from the
Redevelopment Project Area, the revenue to the City is
estimated to be approximately $160,000 per year, the cost of I
services about $l40,000, not including the private golf
course, and if the golf course were public there would be
the ability to retain an operator to maintain it. He
clarified that none of their analysis to date have presumed
any operating costs of the golf course would be assumed by
the City, rather, that the revenues from the golf course
would cove~ operation costs. As a point of clarification,
Mr. Jirovsky stated his calculations assumed a base tax rate
of one percent and that the additional Mello-Roos tax would
be one-half of one percent, the annual tax satisying the
bonded-indebtedness. Mr. Strausz added that in the event of
default due to insufficient taxes, that would indicate that
certain property owners failed to pay their tax, therefore
their parcels would be subject to tax foreclosure as is
provided-fo~ under other such circumstances. Councilmember
Risner questioned the financial feasibility of a nine hole
golf course with no driving range. Mayor Grgas offered that
if "C.l" is-allowed to proceed through the review process he
felt that the financial aspects will be addressed, this
proposal requiring that the developer dedicate the improved
golf course to the City.
Mayor Grgas declared the continued hearing open for public
testimony. The City Clerk reported receipt of comments to
the Supplemental EIR from the Wetlands Society, a resident I
communication in support of Alternative "B", a letter and
petition from Crestview Avenue residents relating to Gum
Grove Park and the location of a driving range, a letter
from the Port of Long Beach dated April 17th and submitted
by Mola Development on May 1st, a letter from the California
Coastal Conservancy dated May l, 1989, and a communication
in support of City acquisition of land on the Hellman site
and expansion of the Redevelopment Project Area. Mr. Tim
Roberts, Director of Operations and Finance, Mola
Development Corporation, reviewed in some detail the actions
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over the past three and one-half years in processing the
original plan proposed for the Hellman site, the eventual
return to the City to consider amendment of the Specific
Plan to include a twenty acre wetlands parcel on-site, the
subsequent issues raised and extensive public testimony. He
reported the efforts of Mola Development to design an
alternative development plan, addressing as many concerns
and design constraints as possible, such as the wetlands,
size of Gum Grove Park, the fault zone, low density, and
active recreation. He stated it was then their
determination that a golf course could not be accommodated
on the property while addressing the other constraints,
therefore the decision to design a quality active recreation
area instead, the result being the "449" or Alternative "A"
plan, they then further refined the project design,
specifically the circulation and product, resulting in the
Alternative "B" plan of three hundred thirty-seven single
family and ninety-six townhome units. Mr. Roberts reported
at that time Mola Development attempted to discuss
Alternative "B" with as many members of the community as
possible, the result being Alternative "B.l", three hundred
twenty-eight single family and eighty-four townhome units,
incorporation of cul-de-sac roadways for circulation
control, a direct relationship betweem the future open space
wetlands and enhanced Gum Grove Park, relocation of First
Street dwelling units in order to encourage a larger area
for environmental enhancement of wetlands. He noted that
certain agencies have been conducting studies with regard to
possible participation in a future enchancement program.
Mr. Roberts explained that the recreation facilities of
"B.l" intended to include tennis courts, a playground,
basketball courts, the recreation area and Gum Grove Park
tied together for future accessibility and ease of use. Mr.
Roberts acknowledged the plan mentioned by Mayor Grgas, an
effort to incorporate the golf course recreation use into
the project, and reported there has not been adequate time
to review that proposal or its financial feasibility,
therefore they could not offer their endorsement of it at
this time. Mr. Roberts stated although their firm endorses
the "B.l" plan as a quality project, they would be willing
to work with the City to evaluate the proposed "C.l". He
explained that in considering alternative plans to the
proposed incorporation of a golf course, their understanding
had been that the desire of the City was not necessarily a
golf course but rather quantity of recreation, therefore the
eighty-four townhomes of "B.l" have been deleted and
replaced by an additional nine acres of recreational
facilities which would accommodate two ball fields, another
tot lot, more parking, also tied together by the trail
system, for a total of nearly sixteen acres of recreational
use land. In response to Council, Mr. Roberts reported the
revised "B.l" plan would allow approximately three hundred
forty units, 2.26 units per acre on the total acreage,
confirmed their intention to restore Gum Grove Park, and
noted that the viability, financial feasibility, and amount
of subsidy required of the City under the conceptual "C.l"
proposal is unknown at this time. Mr. Mola also pointed out
the constraints of the subject property, wetlands, Gum Grove
park, etc., and noted that the "C.l" nine hole golf course
plan does encroach Gum Grove Park, explaining that their
lack of support for Alternative "C" was partly the result of
the location of the golf course holes. Mr. Mola advised of
their willingness to review the golf course proposal and of
their desire to p~ovide a development for all to-be proud
of. He noted offsite costs have increased approximately
twenty-five percent over the three and one-half years
according to their consultants, and stated if the City can
afford the maintenance of a nine hole course, and the
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resulting shortfall, they would-study the concept, also if
the City can contribute Redevelopment funds to cause the
"C.P concept to work, then they could develop that plan.
He pointed out that deleting the eighty-four townhomes
results in a loss to them of about ten million dollars, and
in an effort to offset the possibility of a golf course,
they had in turn included the additional recreation area.
Mr. Mola confirmed their willingness expend monies to
restore Gum Grove Park. Mayor Grgas noted that the analysis
of "B.l", minus the baseball diamonds, by the City's
consultants, KRM, showed a residual land value of twenty-two
million dollars and would be marginally attractive based
upon their assumptions, and questioned how that plan could
continue to be attractive with the reduction of eighty-four
units. Mayor Grgas again requested that "C.l" be reviewed
as a potential of meeting the most expressed objectives.
Mr. Mola indicated agreement, yet asked that time frames for
local review and actions be met. with regard to the use of
Redevelopment Agency funds for the purpose of maintaining
parkland or a golf course in a Redevelopment Project Area,
Mr. Strausz responded-that the law is quite specific on that
point and provides that tax increment revenues shall not be
used for normal operation and maintenance. The Development
Services Director stated-park maintenance costs would-be
included in a fiscal impact analysis, those costs creating a
greater negative to the project than what is proposed under
"B.l" since the revenue generated by the townhomes is being
removed and replaced with additional costs, and suggested
those costs could be-covered through formation of a Mello-
Roos or Landscaping and Lighting District. The City Manager
cautioned that st~ong-objection is often realized when a
small group of property owners are burdened with financing a
citywide benefit.
With unanimous consent of the Council, Mayor Grgas declared
a recess at 9:16 p.m. The Council reconvened at 9:40 p.m.
with Mayor Grgas calling the meeting to order.
Mr. David colgen, attorney-with the law firm of McKitrick,
JaCkson, -Demarco7 & Peckenpaugh of -Newport Beach, stated
their -firm represents Mola Development. Mr. COlgen
suggested that an essential element under constitutional law
is that any land owner or developer is allowed a reasonable
return on investment, and in order to have a return there
must be a project, and--to have a project one must -obtain all
of the requisite governmental approvals. He stated that
after the numerous meetings, discussions, etc. with various
environmental- -agencies such as the Department of Fish and
Game, the Coastal Commission staff, the Corps of Engineers,
the Environmental Protection Agency, by the City and his
client, -they are sufficiently-convinced that the City's
Alternative "C" would not be approved by those agencies even
if it were to receive City Council approval, therefore after
a considerable length of time approval would not be realized
and a proposal would be required to commence again to
attempt to meet the policies and guidelines with regard to
preservation of wetlands. Mr. Colgen noted that if "C" were
approved by the City while knowingly it cou~d not be
approved by the othe~ agencies, such action could very well
be construed as over-regulation, and in that case Mola
Development could probably come to the City seeking
compensation for delay. Mr. Colgen stated instead of the
or iginal proposal, their feeling now is that plan "B-.l" can
be approved by the other agencies, an environmentally
superior project that substantially avoids the wetlands and
meets the guidelines of EPA and Fish and Game. With regard
to the "C.l" proposal, Mr. Colgen noted mention of a
possible condition requiring dedication, improvement, and
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maintenance of the golf course, stated he wished to disabuse
the Council of that taking place, and made reference to the
Nolan ve~sus Coastal Commission, u. S. Supreme Court case,
which clearly takes the position that there must be a
substantial nexus between any exaction, condition, or fee
imposed on development, and that the condition or exaction
imposed by government -must bear substantial relationship to
some burden that is created by the development. with regard
to development of the "B.l" plan, Mr. Colgen pointed out
that Gum Grove Park is being preserved, community parks are
proposed, the wetlands are not being disturbed, the
developer meeting any burden that may be created on the
community. Mr. Colgen added he did not know of any
legitimate interest that would be advanced by dedication of
a golf course by a private individual to the City, or to the
maintenance of that golf course, it is also felt that a
Mello-Roos District would not be acceptable to create a lien
against the property for maintenance of the golf course, nor
would they have interest in the construction thereof. Mr.
Colgen -acknowledged that Mola Development would look at the
"C.l" proposal, stated he did not believe it could be
accomplished, and confirmed that dedication of the golf
course would not be acceptable. Councilman Hunt noted
comment that indicated "C" would not be acceptable to the
developer as that plan would invade the wetlands, however
pointed out that the original plan proposed by the developer
involved invasion of the wetlands, the Council still having
the option of approving the original plan, and it was his
understanding that the City would not realize any liability
if the original plan were approved. Mr. Colgen acknowledged
that Mola Development had-made the original proposal, yet as
time has lapsed it has been shown how the environmental
process is intended to work and it is now felt the other
agencies would not accept that plan, therefore Mola now
supports a plan that is felt to be environmentally superior
and can be approved.- Mayor Grgas confirmed that Mr. Mola
had offered to dedicate the golf course property at the time
.C.l" was being discussed in a negotiation format. The City
Manager asked for clarification of Mr. Colgen's statement
that Mr. Mola is no longer backing the-original application
that is before the City, and if that was meant to be a
withdrawal of -same. Mr. Colgen stated it was not a
withdrawal, however the preferred plan is Alternative "B.I".
Council discussed the procedures to be followed-for the
remainder of the hearing with the intent to provide
direction-to the Planning Commission by the end of-this
meeting, their report and recommendations to be returned to
the Council for the meeting of June-19th. The City Attorney
noted that the extension of the Tentative Map and Parcel Map
expires this date, -and-if the Council referred one or-more
alternatives to the Planning Commission, it is understood
Mola Development would once again grant a time extension,
also if action is taken to deny the original plan, findings
would need to be made.
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Mayor Grgas invited members of the audience -wishing to speak
to this item to come to the microphone and state their name
and-address for the record.- Mr. Galen Ambrose, Wetlands
Restoration Society, noted the society~s past -
recommendations to the Council with regard to the 2020 Plan,
funding sources, etc., and stated the Society-also submitted
a plan for consideration that proposes all but about twenty
acres to be open space and wetlands, -the City -having the
power to zone the property-open space while not denying all
economic use to the property owner. He explained that their
plan proposes the portion of -the site along--Seal Beach
Boulevard for approximately seventy-nine homes, allowing the
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developer to purchase the land at a reasonable cost, provide
him a profit, while eliminating the problems relating to the
wetland areas. He stated the remaining one hundred five
acres may then be considered for acquisition by the Port of
Long Beach for open water restoration credit. Mr. Ambrose
asked that consideration be given to their plan, and
introduced a geology consultant to the Society. Dr. Robert
Winchell stated he was a professor of geology at Long Beach
State University. Dr. Winchell commenced his comments by I
stating no project should be allowed on the Hellman site as
the area is replete with a series of geologic hazards such
as seismic shaking, fault rupture, lurching, liquefaction,
differential fault compaction, expansive/contractive soil,
flooding, pollution, etc. He stated about five percent of
damage is associated with fault displacement, ninety-five
percent from shaking associated with the foundation
materials in the vicinity of the fault, and in California
although the Alquist-Priola Act restricts building within a
fifty foot setback from a fault, second thought and question
should be given to the building and construction codes. He
made reference to damage and loss of life resulting from
other earthquakes such as those in the Long Beach, Sylmar,
and Compton areas. Dr. Winchell stated the materials of the
Hellman site are not the type that reasonable persons would
develop, alleging the site to be one of the most dangerous
that could be contemplated for anything other than passive
use, the only reason to build on such an area being the
return to the property owner and developer. Dr. Winchell
questioned how such an area can be planned for development
where there is even absence of absolute evidence of the
width of the fault, and charged that the Council has not had
proper information to adopt any plan that could result in
the loss of life and property, the Council having a moral I
and possibly legal responsibility in this case. He noted
that at the time similar information was presented to the
Coastal Commission they indemnified themselves against
potential costs that could result. Dr. Winchell offered to
meet with the Council, make a visual presentation relating
to his comments, and provide literature references. At the
suggestion of Council, Dr. Winchell agreed to provide
information to City staff. With regard to the City's
ability to indemnify as stated the Coastal Commission had,
the City Attorney responded that the City could impose a
hold harmless provision as a condition of development
approval, however there may be question as to whether or not
such provision could be enforceable, explaining that it is
believed that if a project is built in accordance with
existing standards that there would not be a liability to
the City, noting that there have been cases that have not
upheld similar types of hold harmless agreements. Mr.
Stepanicich explained further that there is an immunity
under -State law regarding a legislative body's approval of
discretionary decisions, yet a second issue being if there
were a mandatory duty on the City's part that was violated,
approval of building plans as an example, that situation
could lead to a potential liability, yet if the plans were
approved in accordance with-existing standards, liability
would be unlikely. Councilman Laszlo noted that Dr. I
Winchell had voiced serious charges, and requested that he
provide info~mation that would substantiate his comments.
In response to Council, Dr. Winchell stated the epicenter of
the 1933 Long-Beach earthquake was approximately four miles
off of Newport Beach, that quake misnamed, and that there is
enough se~ious concern associated with the Newport/Inglewood
fault in terms of future quakes being localized along that
fault that some-consider it the most dangerous fault in
California. - -With rega~d to dissemination and verification
of the information referred to by Dr. Winchell, the
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Development Services Director stated that although he was
not personally a geologist, a State geologist was hired to
trench the site, provided extensive reports regarding the
liquefaction, other geologic concerns, identification of the
fault, etc. that meets the intent of the Alquist/Priola Act,
and explained that additional work will be performed before
permits are issued to provide even greater assurance that
the initial geologic work was correct. He added that unless
Dr. Winchell has further specifics to this site, there is
considerably more data available on the subject site than
the State would have. Dr. Winchell stated he did not know
the subject site specifically, just the characteristics,
having a greater knowledge of the Bolsa Chica area. He
added that in speaking with an individual in charge of the
special hazard zone study being developed by the California
Division of Mines, it was stated they do not accept any of
the information provided them to date, and that they can not
confirm the width of that fault.
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Mr. F~ank Elsworth, 1921 St. John Road, stated about less
than one-half of one percent of Leisure World residents play
golf, approximately fifty play outside Leisure World, about
one hundred fifty play regularly, therefore golf should not
be an important factor. Councilman Laszlo alleged that
Leisure World supports the golf course on the Hellman site
so that condominiums can be built on the Leisure World
course. Councilman Hunt took exception to that statement.
Councilmember Wilson offered that although some Leisure
World residents do play golf, there are many more throughout
the City, and stated her support for the golf course is
based upon the additional open space and trees that would be
associated with the project. Mr. Laird Mueller, 11th
Street, compared the various amenities of the alternatives
under consideration, questioned the greater need for a golf
course or large recreation park, and the financial
responsibility for same. He expressed his objection to the
City bonding to purchase a golf course. Mr. Mueller
submitted two petitions, one signer favoring Alternative "C"
and twenty-nine supporting the "335" plan, no support for
subsidizing a golf course, yet support for more parks and
wetlands. Mr. Muelller expressed his support for the "335"
plan and no golf course. Councilman Hunt asked if Mr.
Mueller would support investigating the possibility of
purchasing land for the City with Redevelopment Agency
monies -at approximately one fourth the appraised price. Mr.
Mueller responded he could support acquisition if it were
not on a long term basis. Ms. Helen Potepan, 1870
Sunningdale Road, commended the developer for his efforts
towards Alternative "B" and expressed concern with the
comments made by the -geologist. Mr. Jake Muller, Whittier
Audobon Society, spoke in support of retaining maximum
wetlands. Mr. Ron Alkana, 613 Bayside Drive, expressed
support for the open space and recreation advantages
afforded through the "B.1" plan, a development allowing use
by all residents, and stated his concern with traffic on
Bolsa Avenue, suggesting that with development of this
property speed bumps or some other means be provided to
lower traffic speed. Ms. Suzanne Andre, 1300 Crestview,
stated her support for the "B.l" plan, less units, less
traffic, full Gum Grove Park, nearly sixteen acres of
parkland, tennis and other recreation facilities, with the
possibility of developing the recreation uses over a period
of time. She reported that there is now a new potential for
flooding the wetlands at some-point in time by means of an
accessible culvert rather an underground channel, that
information derived from a study done by the Ports of Long
Beach. Mr. Roberts responded that it had been thought that
there was a syphon that was the source of the ditch that
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runs through the property, the syphon traversing out of the
property, under the cooling channel, and exiting into the
River, and in order to bring as much water as possible onto
the site for an enhanced wetlands restoration plan would
have required widening of that syphon or additional sources
under the cooling channel which would result in considerable
expense. He reported the recently completed hydrology study
presented to the Ports, identifies sources of water to the
area reserved for future enhancement, the subterranian I
source going around rather than under the cooling channel, a
less complicated and less costly source. Mr. Roberts
explained that the $75,000 to $lOO,OOO per acre estimated
restoration costs not only included bringing in additional
water but the type of wetlands restoration and vegetation,
the new source for water would tend to reduce those costs.
The Mayor requested that this information be provided to
staff. Ms. Dorothy Geisler, 13811 Thunderbird Drive,
commended those persons that continue to bring forth new
information relevant to this project, recommended that the
comments of Dr. Winchell be investigated further, and should
the fault be determined to significantly impact the project,
she stated wetlands and park would be an alternative, and if
development, "B.l" would be her preference. Mr. Robert
Lamond, 4808 Blackburn Avenue, Long Beach, representing the
Sierra Club, spoke in support of wetlands -on the site. Ms.
Marilyn DeWitt, 644 Sandpiper Drive, commended the review
process, the response to public concerns by Mola
Development, and Plan "B.l". Mr. Anton Dahlman, 1724
Crestview Avenue, stated that although his neighbors support
a golf course plan, he questioned the City being in the real
estate business, the risk potential of a City-owned golf
course, and stated his preference for the "B.l" Plan. Mr.
Ron Moore, 604 Taper -Drive, urged support for the "B.l" Plan I
and much needed recreational opportunities, pointing out the
inadequacy of baseball facilities -for the community. Mrs.
Miriam Kelly, 1125 Catalina Avenue, said she felt a golf
course and wetlands are not compatible, expressed her .
support for the modified "B.l" plan which includes tennis
courts, a tot lot, walking trails, and preserves Gum Grove
Park. -Mr. Frank-Clift, 4489 Dogwood Avenue, spoke in
support of further review of the "C.l" proposal, stating he
did -not feel it invades the proposed wetland area, and
generates the least amount of traffic. He also invited the
community to utilize the underused facilities in the new
College Park. - Mr. Art Boynton, llll Seal Way, noted what
had started as-twenty acres of wetlands is now forty, that a
small loss of that acreage-would not be significant, and
stated that many people would avail themselves of an
executive three par golf course, a golf course also
providing more greenry and open space and a benefit to the
sale of the development. Mr. Boynton said he felt there was
merit in the-"C.l" proposal that deserved further
consideration. Mr. Bruce Stark, 204 Ocean Avenue, stated he
did not feel there has ever been-a project before the City
that has caused so-much adverse comment and expense for the
citizens. -He questioned the financial feasibility of the
project given the unknown land cost, charged that the City
will need to subsidize the development regardless of the I
plan chosen, and that the recreation facilities being
referred to are-within a gated community and not available
to the general public. The Council advised that the parks
would be open and accessible to the public. Mr. Stark
suggested that the one should take pause with regard to the
geologist's report, -made reference to the number of lawsuits
involving redevelopment agencies as the result of poor
construction and unstable land, suggesting that the
developer be required to post a bond if he chooses.to build
on this site with the fault. He also expressed objection to
5-15-89
I
considering a Mello-Roos which, he said, would allow the
developer to-borrow money at a reduced interest rate on the
City's credit.
With unanimous consent of the Council, the Mayor declared a
recess at 11:22 p.m. The-Council reconvened at 11:34 p.m.
with Mayor Grgas calling the meeting to order.
with regard to the effect on the City in the event of a
Mello-Roos default, the City Attorney responded that Mr.
Strausz had previously advised that the obligation is
secured by the taxes and ultimately by the value of the
property. Mr. Stepanicich advised that in discussion with
the applicant, it has been agreed that the expiration
deadline for the Parcel and Tentative Maps will extend until
the end of this meeting even if it should extend into May
16th. In response to Council, Mr. Strausz advised that the
City would not be liable in the case of default of bonds
issued by the Agency using tax increment from-the project
area, the law specifically addressing that, explaining also
that if tax increment bonds went into default there could be
an affect upon the credit rating of the Redevelopment Agency
involved, whether it would affect the credit of the City
would be very speculative, noting that most municipal credit
rating agencies look to the source of the payment of the
bond. In response to Councilman Hunt, Mr. Strausz confirmed
that real estate procured through bond money could be used
as collateral, and it would be at the discretion of the
Agency as to whether or not it wished to pledge that land as
security for repayment of the debt. The Mayor also noted
that most bonds are insured. In response to Ms. Janna
Lindquist, 248 --15th Street, the Mayor advised the "C.l"
proposal provides for one hundred thirteen, zero lot line
single family homes surrounding the golf course. Ms.
Lindquist referred to a news article citing Seal Beach as a
preferred area to raise -a family, and expressed support for
the "B.l" plan. -Ms. Jamie Smith, 215 - 16th Street, added
her support for the "B.I" alternative. Ms. Betty Cheevers,
13783 Alderwood Lane, spoke of a meeting of the Leisure
World Golf Club some months back, who was present, and who
made introductions. Councilman Hunt responded that Mr.
Sharp, member of the-Planning Commission was not present at
that meeting, and that he had not introduced Mr. Evans. Mr.
Evans indicated his concurrence with Mr. Hunt's response.
Ms. Jane MCCloud, 700 Balboa Drive, stated her first
preference for the Hellman site would be the proposal of the
Wetlands Restoration Society, the second the "B.I"
alternative with it's recreation amenities and preservation
of Gum Grove Park, trail system and restoration of wetlands.
She noted her concern for greater access for wildlife
passing between the Grove and the wetlands, expressed
opposition to the "C.l" proposal due to it's intrusion into
the Gum Grove and limited golf course, and spoke against any
financial participation by the City in the development
without a vote of the people. Mr. Mario Voce, 730 Catalina
Avenue, expressed his support for open-space and wetlands
for wildlife, and concern with the proximity of any golf
course to wetlands. Mr. Mueller again addressed-the
Council, made reference to comments relating to the purchase
of land at a quarter of its value and to acquisition of
additional acreage for recreation use, and the issuance of
bonds to allow the purchase, yet questioned the
responsibility to pay for maintenance. Ms. Wendy Rothman,
300 OCean Avenue, stated her objection to "C.l"-is that it
intrudes on Gum Grove and the wetlands, and that any
additional land obtained northerly of the subject site would
not be a substitute for Gum Grove. Mr. Ambrose stated he
felt the responses in the EIR appear to be incomplete, and
I
I
5-15-89
requested-that the Restoration Society plan be included and
referred to the Planning Commission. Mr. FranK Mola again
indicated their endorsement of the "B.l" plan as modified
with the addition of baseball diamonds, and requested that
action be taken to allow proceeding to the next phase of
processing-in a -timely manner. The City Attorney explained
that it would not be necessary for the Council to certify
the EIR at this time to make a referral to the Planning
Commission, noting however that if "C.l" were considered for
referral there would be a need for some additional review by
the environmental consultant of the impact on the small
pocket of wetland area. Mr. Oakin, 13801 El Dorado Drive,
questioned the continuing pursuit of a golf course.
Risner moved, second by Wilson, to conclude public testimony
for this meeting and continue the hearing until June 19th.
I
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
Councilman Laszlo suggested that the "B.2" and "C.I"
alternatives be referred to the Planning Commission, and
asked if -there was support to consider the Wetland Society
plan. Councilmember Risner presented her statement
regarding the development under consideration, the
background and the review-process. She said she felt that
the Council should now move forward, transmit what is felt
to be the best plan for the community to the Planning
Commission, noting that "B.l" appears to have the greater
support through public testimony and from the developer, a
plan where the developer will restore the full Gum-Grove
Park and-provide open space wetlands that exceeds what is
thought to be the requirement of other agencies. She
commended Mola Development for their efforts to address the I
concerns of many residents, the citizen input impacting such
things as involvement of the Port of Long Beach in wetlands
restoration, a buffer zone for certain existing residences,
increased size of the community park to accommodate tennis
and basketball courts and a childrens playground, a trail
system from Gum Grove to the community park, reduced
dwelling units clustered-into three small neighborhoods,
elimination of the housing off of First Street, deletion of
a second-roadway, elimination of stacked-condos, etc. She
added that this plan resulted in Kola obtaining a commitment
from Long-Beach-for the expenditure of money on the
feasibility of a restoration study, the Port Task Force
hiring Moffat and Nichol to conduct that study. Mrs. Risner
stated the modified "B.I" is environmentally sensitive, is
financially feasible for the developer, revenue beneficial
to the Redevelopment Agency, and the City, and allows tax
increment to be available for other projects. She spoke for
forwarding the modified "B.l" plan to the Planning
Commission, suggested modifications such as a buffer in the
area of Surf Place, and a condition that a full wetlands
restoration plan be required, also that the "C.l" proposal
be forwarded for review. Mayor Grgas stated he felt "C.I"
is economically viable, that the issue of encroachment on
Gum Grove Park can be resolved, that the plan is not precise
at this time however offers opportunities for adjustment I
that may be in the interest of everyone. For clarification
purposes, the City Attorney suggested that the modified
"B.l" plan be referred to as "B.2".
Councilmember Risner moved to refer alternative "B.2" to the
planning Commission with a request that special
consideration-be given to homeowners-on the westerly portion
of the project, Coastline to Surf Place. Councilman Laszlo
seconded the -motion. The City Attorney clarified that the
Planning Commission would be reviewing and making a report
5-l5-89
I
to the Council on the advisability of ultimately adopting
the plan, the Commission having the discretion to make any
recommendations felt appropriate to the Council, and
explained there would be no requirement for a noticed public
hearing by the Commission. The Council indicated their
agreement to direct the Planning Commmission to consider
this matter at their June 7th meeting with a report
forthcoming to the Council for June 19th.
AYES:
NOES:
Grgas, Laszlo, Risner
Hunt, Wilson
Motion carried
Councilmember Risner stated she would support referral of
"C.l" to the Planning Commission as a courtesy.
Hunt moved, second by Wilson, to refer alternative "C.l to
the Planning Commission, the same time frame to apply.
AYES:
NOES:
G~gas, Hunt, Laszlo, Risner, Wilson
None Motion carried
I
Councilman Laszlo moved to give consideration to the
Wetlands Restoration Society plan of seventy-nine units. In
response to Council, the City Attorney explained that in
order to take a final action on the Restoration Society
plan, additional environmental review would be needed as to
it's impact, as is the case with "C.l", and suggested that
if there were inadequate time to provide further
environmental data to the Commission, their report could be
transmitted to-the Council for June 19th along with the
addtional environmental information. Mayor Grgas seconded
the motion, discussion continued, and he subsequently
withdrew his second to the motion.
The City Attorney advised, with concurrence of the
applicant, that the statutory time frame for the Map would
be extended until June 20th, to allow further consideration
by the Planning Commission on June 7th and the Council on
June 19th.
Councilman Laszlo moved that there be no other plans
proposed between this date and June 19th. Councilman Hunt
seconded the motion.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
I-
With regard to further consulting services, the Development
Services Director recommended that the planning Consortium
review the golf course plan, "C.l", and the possible impact
on the wetlands, after which some further environmental
review may be necessary, the "B.2" plan also requiring
review as to fiscal and wetlands impacts, and confirmed that
the same consulting firms would be used. Councilmember
Wilson suggested that the consultant look at relocating the
golf course holes in order to avoid the area of Gum Grove
Park. Hunt moved, second by Grgas, to authorize expenditure
of up to $7,000 for consulting services for further
evaluation of the plans proposed. The Development Services
Director confirmed that should the "B.2" plan be selected,
the developer would be required to pay the associated
consulting costs, also for those relating to "C.l".
AYES:
NOES:
ABSTAIN:
Grgas, Hunt, Wilson
None
Laszlo, Risner
Motion carried
5-l5-89
With unanimous consent of the Council, the Mayor declared a
recess at l2:41 a.m. The Council reconvened at 12:45 a.m.
with Mayor Grgas calling the meeting to order.
Councilmember Risner asked that the record reflect receipt
of a letter from Bob Schonholtz of LSA dated April 13th, an
April 17th letter from Geraldine Knatz, Director of
Planning, Port of Long Beach, a May 1st communication from
Reed Holderman, Project Manager, California state Coastal
Conservancy, and a confidential memorandum from Mr. Knight
to the City Manager dated March 31st.
ORDINANCE NUMBER 1284 - ZONE CHANGE 1-89 - OIL EXTRACTION to
MEDIUM-DENSITY RESIDENTIAL - FIRST STREET - WATSON
Ordinance Number 1284 was presented to Council for second
reading entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, APPROVING ZONE CHANGE 1-89, A REQUEST TO
REZONE A PROPERTY ON FIRST STREET (ORANGE COUNTY ASSESSOR'S
PARCEL NO. 043-313-01) FROM OIL EXTRACTION (OE) TO
RESIDENTIAL MEDIUM DENSITY (RMD-4000)." By unanimous
consent, full reading of Ordinance Number 1284 was waived.
Wilson moved, second by Hunt, to adopt Ordinance Number 1284
as presented.
I
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
RESOLUTION NUMBER 3850 - ADJUSTING PARKING FEES - BEACHFRONT
LOTS
The-City Manager reported additional -information-had been
provided the Council relating to parking lot fees of other
communities. With regard to the impact on revenues should a
weekend $5 rate be adopted ~ather than $6, the City Manager I
stated he did not have those statistics however since the
usage is greater -on-weekends, the reduction to projected
revenues could be twenty percent or more. Councilman Laszlo
expressed his-objection to the proposed $6 weekend fee. Mr.
Nelson noted that the Resolution provides the opportunity
for a resident pass at $40 annually, $60 for non-residents,
most likely in the form of a sticker or card used in
conjunction-with a drivers licencse for identification, and
reported Huntington Beach advised that such passes are not
used to any great degree. Councilmember Risner suggested
consideration of-a flat rate versus the weekday/weekend
rates. Councilman Laszlo noted in years past residents were
allowed the opportunity to park for half price. and
suggested this be a consideration on weekends during the
summer months.
Wilson moved, second by Hunt, to adopt Resolution Number
3850 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, ESTABLISHING RATES FOR PARKING
FEES IN THE FIRST, EIGHTH, AND TENTH STREET OCEAN FRONT
MUNICIPAL PARKING-LOTS AND RESCINDING RESOLUTION- NUMBER
3706. By unanimous consent, full reading of Resolution
Number 3850 was waived-. Mayor Grgas suggested that the City
Manager could be requested to review the financial impact of
reduced resident rates and report back to the Council. I
Councilman Hunt-offered that -resident comments could be
solicited through the news media.
AYES: Grgas, Hunt, Risner, Wilson
NOES: Laszlo Motion carried
ORDINANCE NUMBER 1286 - ZONING REGULATIONS - FENCE HEIGHTS
Councilmember Risner noted an error in Section 2-(K) of
Ordinance Number 1286, -reference to six foot rather than
eight foot fences. The Development Services Director
5-15-89
I
reported that the Planning Commission had taken an action at
their May 3rd-meeting to request the Council to postpone
second reading of the Ordinance and refer this matter back
to the Commission for additional study and recommendation,
also to possibly include Lampson Avenue. Councilman Laszlo
noted there are no eight foot fences presently along Lampson
Avenue and that prior discussion of this matter had provided
that Lampson could be included at some future date if
desired. Discussion continued. Hunt moved, second by
Risner, to refer this matter back to the Planning Commission
for further study and recommendation to the City Council.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
RESOLUTION NUMBER 3856 - DESIGNATING UNAPPROPRIATED GENERAL
FUND BALANCE
Resolution Number 3856 was presented to Council entitled "A
RESOLUTION OF THE CITY OF SEAL BEACH DIRECTING THAT ANY
UNAPPROPRIATED BALANCE IN THE GENERAL FUND AS OF 6-30-89
SHOULD BE AUTOMATICALLY APPROPRIATED TO THE WORKERS'
COMPENSATION RESERVE FUND AND/OR PUBLIC LIABILITY RESERVE
FUND OF THE CITY." By unanimous consent, full reading of
Resolution Number 3856 was waived. Wilson moved, second by
Hunt, to adopt Resolution Number 3856 as presented.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
I
RESOLUTION NUMBER 3857 - RIGHT-OF-WAY VACATION - ELECTRIC
AVENUE
Resolution Number 3857 was presented to Council entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, ORDERING SUMMARY VACATION OF THE NORTHEASTERLY
6" OF ELECTRIC AVENUE RIGHT-OF-WAY BETWEEN l7th STREET AND
SEAL BEACH BOULEVARD." By unanimous consent, full reading
of Resolution Number 3857 was waived. The City Engineer
presented the staff report, explaining that during
construction of the eight single family homes on the 1700
block of Electric Avenue, the developer built retaining
walls that encroached the public right-of-way as the result
of an incorrect property survey, the wall on Seal Beach
Boulevard having been removed and reconstructed, and the
approximate four inch encroachment on Electric Avenue
proposed to be vacated by the City and purchased by the
developer at a cost of $ll,020. He noted that the subject
sidewalk is more than twice the width of typical sidewalks
in the downtown area, and that there are no present or
future plans to use the property being considered for
vacation for street purposes. Mayor Grgas noted that
encroachment of fences and planters onto the public right-
of-way, yet behind the public sidewalk, has been an on-
going problem, and stated he has requested that the staff
research some equitable, legal means of resolving this type
of existing situation. Risner moved, second by Grgas, to
adopt Resolution Number 3857 as presented.
I
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
CONSENT CALENDAR - ITEMS "N" THROUGH "T"
Wilson moved, second by Risner, to approve the recommended
action for Consent Calendar items "N" through "T" as
presented.
N. Approved the minutes of the regular meeting
of May 1, 1989.
5-15-89
O. Approved regular demands-numbered 74496
through 74658 in the-amount of $49l,498.69,
and payroll demands numbered 34925 through
35095 in the amount of $217,989.77 as
approved-by the Finance Committee, and
authorized warrants to be drawn on the
Treasury for same.
P. Denied the claim of Steve Hobberstad for
personal property loss and referred same
to the City's-liability attorney and
insurance adjuster.
I
Q. Award of Bid - Projects 587 and 588 -
Third Street Alley Water Main and Twelfth
Street Sewer Main -- This item was
reconsidered at the end of this meeting,
and by motion held over for further review.
R. Directed the issuance of a certificate of
public convenience to Mary T. Anthony to
operate a personal transportation service
subject to-receipt of statement of proposed
rates -and other conditions prescribed by
Chapter 23 of the Municipal Code.
S. Received and filed the change of meeting
schedule of the Parks and Recreation
Commission.
T. Approved the revised agreement with the
Seal Beach Journal for publication of
legal notices and authorized the City-
Manager to execute same on behalf of the
City.
I
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
CITY COUNCIL AGENDA
APPOINTMENTS - BOARDS-and COMMISSIONS
Ad Hoc Airport Committee
Mayor Grgas requested that the District One appointment to
the Ad Hoc Airport Committee be held over.
Environmental Oualitv Control Board
Councilmember Wilson ~equested that the District Two
appointment to the Environmental Quality Control Board be
held over.
Ad Hoc Retail Sales Committee
Councilmember Risner reported that the Chamber of Commerce
had requested-that a representative of their organization be
on this Committee, and moved to change the composition of
the Committee to include an appointment by the Chamber of
Commerce and an additional appointment to be made by
Councilmember wilson. Mayor Grgas seconded the motion. I
with regard to the residency requirement for appointments
other than those originally proposed, Mrs. Risner stated she
felt that the Chamber-representative will be a resident
however suggested that they be allowed to make the
selection.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
5-15-89
O. Approved regular demands numbered 74496
through 74658 in the amount of $491,498.69,
and payroll demands numbered 34925 through
35095 in the-amount of $217,989.77 as
approved by the Finance Committee, and
authorized warrants to be drawn on the
Treasury for same.
I
P. Denied-the claim of Steve Hobberstad for
personal property loss and referred same
to-the City's liability attorney and
insurance adjuster.
Q. Award of Bid - Projects 587 and 588 -
Third Street Alley Water Main and Twelfth
street Sewer Main -- This item was
reconside~ed at the end of this meeting,
and by motion held over for further review.
R. Directed the issuance of a certificate of
public convenience to Mary T. Anthony to
operate a personal transportation service
subject to receipt of statement of proposed
rates and other conditions prescribed by
Chapter 23 of the Municipal Code.
S. Received and filed the change of meeting
schedule of the Parks and Recreation
Commission.
I
T. Approved the revised agreement with the
Seal Beach Journal for -publication of
legal notices and authorized the City
Manager to execute same on behalf of the
City.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
CITY COUNCIL AGENDA
APPOINTMENTS - BOARDS and COMMISSIONS
Ad Hoc AirDort Committee
Mayor Grgas requested that the District One appointment to
the Ad Hoc Airport Committee be held over.
Environmental Qualitv Control Board
Councilmember Wilson requested that the District Two
appointment to the Environmental Quality Control Board be
held over.
I
Ad Hoc Retail Sales Committee
Councilmember Risner reported that the Chamber -of-Commerce
had requested that a representative of their organization be
on this Committee, -and moved to change the composition of
the Committee to include an appointment by the Chamber of
Commerce and an additional appointment to be made by
Councilmember Wilson. Mayor Grgas seconded the motion.
With regard to the residency requirement for appointments
other than those originally proposed, Mrs. Risner stated she
felt that the Chamber representative will be a resident
however suggested that they be allowed to make the
selection.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
5-15-89
Councilman Laszlo moved to appoint Mr. Jim Vames, 4125
Birchwood Avenue, and Mr. Bill LaBar, 4396 Candleberry
Avenue, to the Retail Sales Committee. Councilmember Wilson
seconded the motion.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
Councilmember Wilson moved-to appoint Mr. Russell Gray,
13060 Del Monte Drive, to the Retail Sales Committee.
Councilmember Risner seconded the motion.
I
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
Budqet Workshop Sessions
After discussion, the Council selected Monday, June 12th at
6:00 p.m. as the-first workshop session, and Saturday, June
17th at 10:00 a.m. for a second session.
Councilmember Wilson requested that her absence from the
June 5th meeting be excused.
Councilman Laszlo asked what action is going to be taken
with regard to traffic impact fees and level of service. He
made reference to the Transportation Super Committee draft
report that was -made available at the April 20th League
meeting, that report containing a Growth Management Element
and Development Mitigation Programs, and requiring local
jurisdictions to establish levels of service and impose
traffic impact-fees. The City Manager reported the traffic
mitigation matter-had been referred to staff. With regard
to the June 19th procedu~es relating to Mola, the City I
Attorney explained that the hearing will be opened and that
the Council can make a final decision with regard to
Specific plan amendments. Mayor Grgas expressed his desire
for the-Council to work in a harmonious manner during the
upcoming year.
ORAL COMMUNICATIONS
There were no Oral Communications from the public.
CLOSED SESSION
The City Attorney announced the Council would meet in Closed
Session pursuant to-Government Code Section 54956.9(a) -to
discuss an item of pending litigation, Borbon versus Seal
Beach. The Council adjourned to Closed Session at 1:31 a.m.
and reconvened at 1:36 a.m. with Mayor Grgas calling the
meeting to order. The City Attorney-reported the Council
had discussed the item previously announced.
RECONSIDERATION - CONSENT-CALENDAR ITEM "a"
Hunt moved, second by Wilson, -to reconsider Consent Calendar
Item "Q", award of bid for Projects 587 and 588, Third
Street Alley Water Main and Twelfth Street Sewer Main, Item
"Q" to be held over pending further review by the
Engineering Department.
AYES:
NOES:
Grgas, Hunt, Laszlo, Risner, Wilson
None Motion carried
I
CONSENT CALENDAR
Risner moved, second by Wilson, to reconfirm the previous
action approving the recommended action for items on the
Consent Calendar as presented, with the exception of Item
"On.
_3~l5~89 / 6-5-89
AYES: Grgas, Hunt, Laszlo, Risner, Wilson
NOES: None Motion carried
ADJOURNMENT to adjourn the meeting at
Risner moved, second by Wilson,
1:39 a.m.
I AYES: Grgas, Bunt, Laszlo, Risner, Wilson
NOES: None Motion carried
Approved:
Attest:
I
Seal Beach, California
June 5, 1989
The City Council of the City of Seal Beach met in regular
session at 7:l1 p.m. with Mayor Grgas calling the meeting to
order with the Salute to the Flag.
ROLL CALL
Present:
Mayor Grgas
Councilmembers Hunt, Laszlo, Risner
Absent:
Councilmember Wilson
I
It was the consensus of the Council to excuse the absence of
Mrs. Wilson from this meeting.
Also present: Mr. Nelson, City Manager
Mr. Stepanicich, City Attorney
Mr. Thomas, Finance Director
Chief Stearns, Police Department
Captain Maiten, Police Department
Captain Garrett, Police Department
Mr. Osteen, Recreation Director
Chief Dorsey, Lifeguard Department
Mr. Jue, Director of Public Works/
City Engineer
Mr. Archibold, Assistant to the City Manager
Mrs. Yeo, City Clerk
WAIVER OF FULL READING
Risner moved, second by Laszlo, 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.