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HomeMy WebLinkAbout1988-02-11MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Thursday, February 11, 1988 A tape recording of this meeting is on file in the City Clerk's Office Mayor/Chairman Erskine called the adjourned regular meeting of the City Coun- cil and Redevelopment Agency of the City of Huntington Beach. to order at 7 p.m. Present; Kelly, Green, Finley, Erskine, Mays, Wincheli Absent: Bannister Mayor Erskine announced that this was the day and hour set for a public hear- ing to consider a proposed piece of state legislation, Senate Bill 1517, car- ried by Senator Marian Bergeson and sponsored by the Signal Landmark Land Development Company. SB 1517 pertains to the creation of the proposed Bolsa Bay Harbor and Conser- vation District within the 1600 acres of unincorporated territory of the Bolsa Chica which is completely surrounded by the City of Huntington Beach. Under SB 1517, the proposed district would provide for implementation of a certified Bolsa Chica Local Coastal Program, construction of an ocean entrance and small craft harbor and related facilities and to financially support and bring about the restoration, creation, enhancement and maintenance of the wet- lands and environmentally sensitive habitat areas within the Bolsa Chica study area, and provide for such public works as water and sewer facilities. The bill also specifies the powers and duties of the district and provides for the management and financing of the district operation. The Deputy City Clerk announced that all legal requirements for publication and posting of said hearing had been met. Letters in opposition had been received from Mildred L. Richardson, C. R. Robinson and a letter from the Courtney Lane Homeowner's Association stating areas of concern they wished Council to consider. Letters of support were received from the Huntington Beach Chamber of Commerce and the Huntington Beach/Fountain Valley Board of Realtors. Mayor Erskine stated that the City Council had requested this special public hearing to solicit input on the provisions of the bill to assist the Council Page 2 - Council Minutes - 2/11/88 in reaching a decision on whether to continue to support the bill or not; and if supported, the details and level of support, given that over the past few months recommendation had been made to Senator Bergeson that she include approximately 50 amendments to ensure greater protection of the public inter- est. He then reviewed the intent of the proposed legislation. The Mayor announced that the public hearing would continue to 11 p.m. and be continued open to March 7, 1988 (tentatively) contingent upon receipt of the amendments in complete form from Senator Bergeson's Office. Julle , representing Senator Marian Bergeson's office, spoke regarding the proposed bill and read a communication from the Senator to the City Coun- cil dated February 11, 1988. Ms. Froeberg spoke regarding the task of coordi- nating all the entities' review of the City's proposed amendments. , representing Orange County Supervisor Harriett Wieder's Office, read into the record Supervisor Weider's letter dated February 11, 1988, sup- porting the proposed bill. James Palin, Deputy City Administrator, reported on the concerns which the city had at the time the city became involved with the bill. He spoke regard- ing the two "triggers' set forth by the city prior to the bill becoming opera- tive; (1) Pre -annexation Agreement and (2) Amendment of the City's .Local Coastal Program which would strengthen the City's position in the proposed legislation. He spoke regarding beach erosion and funding sources for wet- lands restoration. He spoke regarding various sections of the bill including Sections 411, 412, 700(a) and (c), 703, 710 and 304.5. He recommended that the City request Senator Bergeson to provide for fiscal soundness of the Dis- trict by requiring review and certification of it's financial plan by an appropriate public agency such as the California Debt Advisory Commission; that the provision for future expansion of commission members be removed from the bill; a limit of tax of 1% of the property; and that Mello -Roos be greatly reduced in authority. Mr. Palin then reviewed a chart entitled Public Hearings g �Bol_sa__Chica Planning Area - Past Public Hearings - Future Public_ Hearings, hearings .on the land use plan which had been held by various County, State and City agencies and those hearings yet to be held, He reported on the issues of concern for future public hearings. Rjch Barnard, Assistant to the City Administrator, spoke regarding the amend- ments which had been offered by the City. He introduced Catherine Stone and Jerry Patterson, representing Burke, Williams and Sorenson, City special legal counsel. Catherine Stone spoke regarding the proposed legislation, citing the ways the city's interests should be protected. She spoke regarding beach erosion concerns and recommended that the Council employ Dr. Robert Dean, Graduate Research Professor, University of Florida; Professor Emeritus Robert Wiegel from U. C. Berkeley; Professor Douglas Inman, Scripps Institute; and Orville Magoon, on behalf of the American Shore and Beach Preservation Association; to act in an advisory capacity to the city to ensure every consideration of beach erosion is taken into account. She recommended that Council employ experts to review .the financial aspects and that the Senator be requested to put fiscal responsibilities in the bill. reported on concerns relative to the bill. Page 3 - Council Minutes - 2/11/88 In response to a question by Councilman Green, Mr. Barnard reported on what were considered to be major benefits of the bill over the Local Coastal Pro - graft. Jeff Holme, representing Signal Landmark, addressed Council and encouraged the city`s support of Senate Bill 1517. Russell G. Behrens, legal counsel for Signal Landmark, addressed Council regarding their efforts to reach accord with the city on the proposed legisla- tion. He referred to exhibits in his review of the history of the area under consideration. He spoke regarding Signal Landmark's efforts to achieve a bal- ance of private and public needs and reviewed provisions of the bill. He responded to Council questions regarding litigation filed by the Amigos de Bolsa Chica and why Signal Landmark believed the Senate Bill to be the prefer- able vehicle for development. N.. Gregory Taylor, representing the State Attorney General's Office, Land Division, reported on the status of the litigation between Signal Landmark and the Amigos de Bolsa Chica. Adrianne Morrison, Executive Coordinator, Amigos de Bolsa Chica and city resi- dent, spoke in opposition to the legislation citing beach loss, traffic counts, rerouting of Pacific Coast Highways, impact of jetties as sand bypass systems which she stated has not yet been proven to work anywhere. She pre- sented a souvenir photograph of the "Hands Across the Sand" Amigos de Bolsa Chica demonstration which included 600 people who by joining hands depicted the proposed loss of sand should the project be approved. harle5 Falzon., city resident, stated he believed the biggest risk of the pro- ject was that the citizens do not support the bill; they support wetlands pre- servation. Victor Leipzig, President of the Amigos de Bolsa Chica, spoke regarding the impact of SB 1517 stating that it would not ensure annexation. He stated he did not believe there was support for the legislation from any sector of the city. Tom Pratte, representing the Surfrider Association, stated that he did not believe SB 1517 met the needs of the citizens for recreation as does the land use plan, and that the plans were incomplete and the environmental analysis inadequate. RECESS - RECONVENE The Mayor called a recess of the City Council at 8:50 pm and the meeting was reconvened at 9:10 pm. Lorraine Faber, past President of the Amigos de Bolsa Chica, cited what she .believed to be the fiscal inadequacy of the project. She presented a three page financial analysis of the project comprised of Bolsa Chica Special Dis- trict - (Federal Prepayment), Summary Matrix of Capital Funding and Summary Matrix of Maintenance Responsibility. Steve Holden, city resident, spoke regarding beach erosion and presented rea- sons why he did not believe sand replenishment was a solution. He stated he believed Council had choices to either approve the bill or postpone decision until facts are presented from the Corps of Army Engineers preliminary study..., 187 Page 4 - Council Minutes - 2/11/88 Jan Shomaker, President of the Huntington Beach/Fountain Valley Board of Real- tors, stated that the Board of Directors, at its February 9, 1988 meeting, had voted unanimously to reaffirm its support of the concept for development of the Bolsa Chica as presented in the County Plan, and to support Senate Bill 1517, authored by Senator Marian Bergeson, subject to resolution in the final draft of the bill of the concerns outlined by the City as of January 19, 1988, as well as the retention of Article b, Section 774, which prohibits the impo- sition of a real estate transfer tax. She read the letter dated February 11, 1988 from the Board of Directors to the Council. Shirley Commons Long, city resident, addressed Council in support of the bill and spoke regarding the importance of Council's input in the bill. She stated her concern that the wetlands be preserved. Dr. Robert WinChell, Professor of Geological Sciences, California State Uni- versity, Long Beach and resident, stated in his professional opinion it was a dangerous area to consider for development due to certain geological hazards such as earthquakes and flooding. Klaus Goedecke, President -Elect of the Huntington Beach Chamber of Commerce, read their letter dated February 10, 1988, which stated support of the devel- opment of the Bolsa Chica. Charlotte Clark, Fountain Valley resident, and President of the Orange County Fund for Environmental Defense, stated reasons for their opposition to the bill stating that they believed all interested parties should work with Signal Landmark and conservancy interests to purchase the property for the public good. She presented a communication in apposition from their organization dated February 11, 1988. Robert Edmundson, Long Beach resident, spoke in opposition to the bill and stressed the need to preserve the beach. Terry Dolton, city resident, stated his opposition to SB 1517 stating reasons why he did not believe a new district was needed. Sally_ Alexander, city resident, spoke in opposition and stated that on the east coast the Army Corps of Engineers has spend a great amount of money restoring beaches, which she hopes will not happen in Huntington Beach. Pat�K lerr, city resident, stated that after listening to all sides, she does not believe the legislation to be in the community's best interest. David Weisbart, city resident, stated that he believed the proposed legisla- tion was detrimental to the citizens, city, beaches and wildlife. Ed Saroi, city resident, spoke in opposition to the bill stating that the beaches must be preserved. He stated his concern for the direction the city was taking in various areas of development. George Murdock, resident of Lakewood, stated his opposition to the bill and that he believed the area should remain for recreation use. Scott Jordon, city resident, businessman and physicist spoke in opposition to the bill, citing loss of beach, various types of pollution and wild life loss. . 44 Page 5 - Council Minutes - 2/11/88 Rick Rowe, city resident, history teacher, Goldenwest College, spoke in oppo- sition to the bill citing the need to preserve open space for the long-term interest of the community. He gave reasons why the wetlands should be pre- served and restored for the future of the city and southern California. Dr., Art Powell, Westminster resident, spoke in opposition to the bill and urged preservation of the beach and the city's legacy to future generations. aim Madden, city resident, stated he did not believe notification of the hear- ing was adequate and stated the manner in which he believed they should have been notified. Melvin Weisbart, city resident, spoke in opposition to the bill citing traf- fic, police and pollution problems and the loss of recreational beach and sand erosion. Shirley Dettloff, city resident, stated reasons why she opposed the proposed bill including the need to obtain facts on many facets of the situation and that the Council, as the City's representatives, should not give up its right to govern this area. Greg Page, city resident, opposed SB 1517 stating what he believed would be detrimental effects on the environment. He stated that severing the remaining Bolsa Chica area into two segments would eliminate efficient lifeguard and emergency service and efficient use of the limited parking area. Emily Renzel, Councilmember from the City of Palo Alto, spoke in opposition to the bill. She spoke regarding her city's similar experience in the 1930's with a marina being built on wetlands in Palo Alto. She spoke regarding dredging and the financial cost of the marina to the citizens through the years. She stated that the marina was closed last year and spoke regarding the success of their wetlands. June Hood, city resident, opposed the bill and urged the preservation of the Bolsa Chica, stating that this was the beginning of the food chain. Carlton_ Jones, Westminster resident, civil engineering student, Cal State Long :Beach, opposed SB 1517 and presented reasons why he did not believe the tide- lands could be owned privately. He spoke regarding the changes which would occur to the coastline. Ann Spiegel, city resident, opposed SB 1517 stating it was not in the city's best interests and would degrade the wetlands. She spoke regarding informa- tion she had received from various officials in response to her letters. Trude Hurd, Westminster resident, biologist, Cal State University, Fullerton and also in charge of the public tours of the Bolsa Chica Wetlands, spoke regarding her concern with the environmental impact of SB 1517, and the loss of the great number of visitors to the Bolsa Chica. She stated that she did not believe it fulfilled the responsibility of wetlands restoration and maint- enance. Johanna Hoover, Garden Grove resident, stated she was a frequent visitor to the wetlands and opposed the bill as she believed that creating a wetlands and destroying one that exists was not workable and would detrimentally affect the birds. Page b - Council Minutes - 2/11/88 Richard Hallowell, city resident, stated that after listening to the testimony he opposed the bill and requested that Council not support same. Jart.Wensink, city resident, stated that after listening to testimony he was opposed to the bill. David h 1 , city resident, cited various sections of the bill to which he was opposed. David Moeller, city resident, stated reasons for his opposition to the bill as a homeowner, city resident and family man stating that he believed only spec- ial interests groups would benefit, and as a surfer he opposed the bill due to its effect on the surf, and loss of surfing area for hard board surfers. He stated that he did not believe Council should study a harbor district bill before a study has been made as to what would be the impact of such a harbor. Mary Luckhowec, city resident, stated that due to the lateness of the hour she would return to speak on March 7, 1988. Michael Monteleone, Rosemead, urged Council to oppose the legislation. Donna Klein, city resident, addressed Council in opposition to the bill stat- ing that she would return at the March 7, 1988 continuance of the hearing to speak further. RUstan Laine, city resident, stated his opposition to the bill and stated he would return to speak at the March 7th meeting. Kprle en Bogdanovich, city resident, opposed SB 1517 as she believed it would cause traffic congestion, sand erosion and loss of the bike path. Charle5 Davis, city resident, stated his opposition to SB 1517 and requested it be put to a vote of the people. He suggested that Council direct the City Attorney to request an opinion from the State Attorney General as to possible conflict of interest relative to Mayor Erskine's position with the Building Industry Association. Mayor Erskine stated that the city acquired such an opinion at the time he served on the Planning Commission and that he would be glad to provide said opinion. Mitt Mason, city resident, stated that he would return to speak on March 7th. Mary Ros,ezvk, city resident, opposed the bill and thanked the Council for their efforts to make it a good piece of legislation; however, she stated her belief it was poor legislation and that sufficient information from many sources was not available to make a decision. Tom Livengood, city resident, distributed a communication entitled "Let's Compare Taxpayer Cost Home B er and Businesses) and Signal. UsingTable 211, figures to Council which he stated showed the tax payers would be paying approximately $142,000,000 for this project. He stated he would speak further on March 7th. Dr. Loua.nn Murrav, city resident, stated that she held a B.A. in environmental biology and a Ph.D. in biology on marine wetland organisms. Using the city's land use map she spoke regarding the difference between a wetland and a marina. She stated that Signal Landmark had included marina areas in the wet- "90 Page 7 - Council Minutes - 2/11/88 1 lands area which is to be given to the city. She stated that the map looked like the city would receive a great amount of wetlands but after development this would not be so. She stated she believed the marina was a bad idea but that she was not opposed to development on the bluffs. She displayed to Coun- cil campaign literature of Councilman Bannister and Mayor Erskine from the last election, which stated their support for preservation of the wetlands. Mao Robinson, city resident, opposed SB 1517 stating that as a young person he would have to live with the decision made. and he thanked those persons who spoke in opposition of the legislation. The Mayor stated that the public hearing would be continued open to March 7, 1988, at such time as copies of the proposed legislation will be available for Council and public review. On motion by Green, second Mays, the adjourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment Agency were adjourned at 11:10 pm to February 16, 1988 at 5:30 pm. Motion carried -unani- mously, ATTEST: __Alicia M. Wentworth City Clerk/Clerk BY Deputy City Clerk/Deputy erk Alicia M. Wentworth Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY Deputy City Clerk/Deputy erk hairman/Mayor