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Home My WebLink About1987-02-12MINUTES Council Chamber, City Hall Huntington Beach, California Thursday, February 12, 1987 A tape recording of this meeting is on file in the City Clerk's Office Hayor Pro Tom Erskine called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 7 p.m. ROLL GALL Presents Winchell, Mays, Finley, Erskine, Green Bannister (arrived 6slO p.m.) Absents Bally BOLBA CHICA SPECIAL DISTRICT LBGISLATION - THREE STAFF RECOMMffidDATIONS APPROM - TWO STAFF ONS TAHLBD The City Administrator stated that staff reviewed Signal Landmark's draft legislative bill dated February 5, 1987 calling for the establishment of a 'Special District in Bolsa Chica. He stated that the proposed legislation, as currently drafted, was not acceptable to city staff. He stated that the issues that need to be resolved are as follows: Annexation - staff recom- mended that the city enter into negotiations with Signal Landmark to discuss and develop a Pre -annexation Agreement. Wetlands - staff recommended a public state agency be designated to oversee the -management and development of the wetlands. Staff also recommended that an advisory board be established to provide recommendations to the state agency and to oversee the wetland restor- ation. Governing body of the groposed district - staff was concerned that an independent district with roa powers, suc as taxing powers would be esta- blished and recommended a dependent District under the county or the city be created under the .established law currently on the books. Powers of Eminent. Domain - staff recommended the District's power of eminent domain be restricted 'to certain specific areas. Scope of District's power and authority - staff was concerned that legislation for the Special District was to provide traditional municipal services such as water, sewer, solid waste removal, roadway development and maintenance. Staff recommended that the Special Dis- trict be a limited purpose District and Its scope and authority be reduced. Staff could support the concept of providing a Special District for the pur- pose of providing for the development of an ocean access and harbor, enhance- ment and protection of wetlands, improving flood control and providing for the construction and maintenance of public marinas and associated uses. Sand Re lacement - staff recommended adding an amendment to provide for the Dis- trict to f4nancially participate with the city, county and state agencies in the Sand Replacement Program. Comprehensive Economic Analysis - staff believes that a comprehensive economic analysis is needed prior to the adop- tion of Special District legislation. Julie Froeberg, representing Senator Bergeson, reviewed the proposed legisla- tion* ?9 Page 2 - Council Minutes - 2/12/87 Bob Fisher, Planner for the County, reviewed a wall map depicting the county's general plan for development of Bolea Chica property. He stated the county has recognized that the Bolas. Chica would be annexed by the city, but that it was the assumption of the county and property owners that annexation would take place following certification of the Local Coastal Plan. Wayne Clark, representing Signal Landmark, introduced Rugs Behrens and Mel Melcroft. Mr. Behrens reviewed the proposed legislation. He stated that the LAFCO Act established the rules for transference of jurisdiction of the pro - party from the county to the city when the time is appropriate. In response to a question by Councilman Green, Mr. Behrens stated the company was waiting for a draft of the Pre -annexation Agreement. In response to questions by Councilwoman Filey., Mr. Behrens stated that the report .pertaining to the financial feasibility of the project would be available by the end of February 1987. He stated that the proposed legislation does not incur any financial obligation. In response to a question by Councilwoman Winchell, he stated that the federal assessment district needs to be in place before the feasibil- ity studies can begin. Councilwoman Winchell stated she would like wording in the legislation indi- cating that the ocean entrance was under consideration, not set in concrete. Mr. Behrens agreed it could be indicated that the ocean entrance was in the planning stages. Mel Melcroft, representing Signal Landmark, reported to Council that there has been discussion of a "work for others" contract between the Army Corp of Engi- neers and either the county or the state, for a Huntington Beach/Bolsa Chica feasibility study and an Environmental Impact Study (EIS). In response to a question by Councilman Green, Mr. Melcroft agreed that data from the reports could be released to the public; he cautioned that it would be raw data and not in the form of an EIS. In response to a question by the City Administra- tor, Mr. Melcroft stated that numeric and physical modeling would be done.. In response to a question by Councilwoman Finley, Mr. Fisher stated that the District could not assess outside of the District, therefore Huntington Harbour would not be assessed. Tom Dawes, Engineer for the Sanitation District for Orange County, presented a history of Sanitation District No. 11. Utilizing a wall map he traced the sewer connections and pump stations. He informed Council that for years Dis- trict No. 11 had been masterplanned to continue through the bluff area to Bolea Chica where a new pump station would be built; the line would then con- tinue to the Slater/Goldenwest area. He stated that discussion was being held between the Sanitation District and the landowners regarding an agreement for the landowners to advance the fees so the sewers could be built. Wayne Clark reminded Council that only a small portion of the sewers would be used by residents of Bolea Chica and the majority use would be by the city, although Signal Landmark would advance the funding. Curtis Foss, staff counsel for the State Lands Commission, presented back- ground for the involvement of the Commission in Bolea Chica. He stated that Signal Landmark asked the Commission if they would be interested in being the sponsor for the Army Corp of Engineers West Project Study. He reminded Council that the State Lands Commission would have to approve annexation of Bolsa Chica to the city. 6 Page 3 - Council Minutes - 2/12/87 Gladdas Powell, Vice -President of the Amigos de Bolsa Chica, requested a fea- sibility study for .a non -navigable channel as well as a navigable one. She recommended that the governing body responsible for restoration of the wet- lands be independent of development of the Bolsa Chica, either a state agency or an independent board with technical expertise to manage restoration of the wetlands. She recommended language in the legislation defining funding speci- fically for the wetlands. Mr. Fisher, in response to Me. Powell's recommendation, agreed that there was a need for governing board. He stated that Supervisor Wieder requested that he set up a meeting to discuss this issue. He stated that he had discussed with Signal Landmark establishing a financial management program for on -going maintenance of the wetlands, and that such a program should be reviewed by the city, county and state. Council discussed the five staff recommendations as outlined in the Summary of Significant Issues' Concerning Proposed Signal Landmark -Balsa Chica Legislation dated February 11, 1987. Councilman Green requested that Staff Recommendation No. 1 be amended to add the words, "and to address concerns of the citizen's group Amigos de Bolsa Chica." Following discussion, a motion was made by Mays, seconded by Winchell, to approve the following Staff Recommendations, as amended: Staff Recommendation No. 1. Direct staff to continue intensive meetings with Senator Bergeson to have proposed legislation modified to coincide with city interests and to address concerns of the cititen's group Amigos de Bolsa Chica, Staff Recommendation No. 2. Direct city staff to enter into negotiations with Signal Landmark for the purpose of drafting a Pre -annexation Agreement between the city, county and Signal Landmark. Staff Recommendation No. 3. Direct city staff to develop a summary of the procedural steps and time- line for the annexation process. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Erskine, Green NOES: None ABSTAIN: Bannister ABSENT: Kelly Councilman Mays suggested that Council table Staff Recommendation No. 4 and No. 5 until such time that all seven councilmembera could be present to consi- der the matter. He recommended that Staff Recommendation No. 4 be presented to Council in the form of a resolution. A motion was made by Finley, seconded by Green, to table consideration of Staff Recommendations No. 4 and 5: Staff Recommendations No. 4. Reaffirm city commitment to Orange County Adopted LCP Plan. Staff Recommendations No. 5. Consider employing the services of a lobbyist in Sacramento to closely monitor legislation in the state capitol to insure city interests are protected. Page 4 - Council Minutes - 2/12/87 The motion to table carried by the following roll call vote; AYES: Winchell, Mays, Finley, Erskine, Green, Bannister NOES: None ABSENT: Kelly ADJOURN NUT Mayor Pro Tem Erskine adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach to 6 p.m., Tuesday, February 17, 1987 in Room B-8 of the Civic Center Complex. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Hunt gton Beach, California BY At /Depbty ty erk Z�T Alicia M. Wentworth '6_`% ity Clerk BY: Deputy City Clerk