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HomeMy WebLinkAbout1994-01-31 (8)MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, January 31, 1994 Mayor Moulton -Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig (arrived 5:15 p.m.) ABSENT: None CALL CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956(a) to confer with its attorney regarding pending litigation - Christopher Carothers v. City of Huntington Beach - OCSCC 692112 (120.80) The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation - State of California v. BP America, et al (American Trader Oil Spill) - OCSCC 646339 (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 4956.9(c) to confer with its attorney regarding pending litigation - Metro Display Advertising. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding - Labor Relations Matters - Meet and Confer. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 5:10 p.m. The meeting was reconvened at 5:55 p.m. A videotape recording and a verbatim transcript of this meeting is on file in the City Clerk's Office PLEDGE OF ALLEGIANCE Mayor Moulton -Patterson lead the.Pledge of Allegiance. (City Council) PUBLIC HEARING FOR CITY OF HUNTINGTON BEACH TO RECEIVE VERBAL COMMENTS TO FORWARD TO ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY - RE: ADEQUACY OF COUNTY OF ORANGE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE BOLSA CHICA PROJECT LOCAL COASTAL PROGRAM - The Mayor announced that this a public hearing to receive oral comments on the adequacy of the Draft Environmental Impact Report for the Bolsa Chica Project Local Coastal Program, oral comments will be recorded, put into transcript form and forwarded to Orange County Environmental Management Agency, Planning Division by 4:00 p.m. February 18, 1994. The Mayor also urged anyone wishing to submit their own written comments by letter to do so to Paul Lanning, Orange County Environmental Planning Division. Page 2 - Council/Agency Minutes - 01/31/94 Proiect Description The County of Orange has assumed Lead Agency status with respect to a Draft Environmental Impact Report for an applicant's proposed project at Bolsa Chica. The applicant, Koll Real Estate Group, proposes full wetland restoration in the Bolsa Chica lowlands; development of a maximum of 4, 286 residential units on the Bolsa Chica Mesa, a small portion of the Metropolitan Water District Area, and northeastern section of the lowlands; a community park on the Bolsa Chica Mesa, and extension of Bolsa Chica Street to Springdale Street to serve as a local collector street. The Draft Environmental Impact Report also considers a modified project alternative which proposes wetland restoration; development of a maximum 3,070 residential units on the Bolsa Chica Mesa and Metropolitan Water District property; a wetland interpretive park on the northeastern section of the lowlands; a community park on the Bolsa Chica Mesa: and an extension of Bolsa Chica Street as a Scenic Secondary Arterial to Garfield Avenue. ALL WRITTEN COMMENTS should be sent to: Paul Lanning, Environmental Management Agency/Planning Division, County of Orange, P.O. Box 4048, Santa Ana, CA 92702-4048 by the close of the comment period. The City Clerk announced communication received from Patricia delValle dated January 31, 1994 in support of preservation, Don Slaven dated January 31, 1994 in support of preservation, Harriett Wieder, Board of Supervisors, dated January 31, 1994 explaining the Environmental Impact Report process, Gwen Forsythe, Mayor of the City of Seal Beach and Mario Voce, Environmental Quality Control Board Chairman, dated November 23, 1992 regarding the Environmental Impact Report, The Mayor asked the City Clerk to read a portion of the letter from Gwen Forsythe, the Mayor of the City of Seal Beach. Orange County Representative Statement Tom Matthews, Orange County Environmental Management Agency Planning Director and County Board of Supervisor Harriett Wieder's representative, read from a copy of a letter from Supervisor Wieder dated January 31, 1994 explaining the Environmental Impact Report process was distributed to Council. Mr. Matthews reported that his office will respond to all comments received on the Environmental Impact Report and that public hearings will held before the Orange County Planning Commission and the Board of Supervisors. Speakers In Support of Preservation of the Bolsa Chica Donald Mueller, Dick Legrue, Juana Mueller, Eileen Murphy, Bolsa Chica Land Trust representatives, as well as Dave Hall, Tom Pontac, Marcia Hanscom, Andrew Einhorn spoke in support of the preservation regarding the biological and ecological benefits, cultural and Historical site, educational and recreational resource, ancestral Indian burial ground, no full archaeological report disclosed, Environmental Impact Report incomplete, destruction of endangered and threatened species, project is a violation of the Endangered Species Act and the Coastal Act, elimination of burrowing owl habitat, destruction of nesting and roosting habitat for a variety of birds, one of the largest open spaces in Orange County, problem for wildlife with domestic pets, increased toxic urban runoff, support for biodiversity park, possible liquefaction effects, wetlands benefit flood control, Vera Rocha, Chief Yana, Gabrielino/Shashoni Indian Nation, Manuel Rocha, Gabrielino Spiritual Leader, Terrie Restivo, American Indian Movement Sacred Sites Committee representative, spoke in support of preservation regarding the culture for future generations, respect for land, and destruction of ancestral cemeteries, Martin Alcala, Gabrielino/Tongva Tribal Council Chairperson, stated that the Gabrielino/Tongva Tribal Council is the only legitimate governing body of the Gabrielino/Tongva Nation. He gave a history of the tribe and stated that the Environmental Impact Report is inadequate and incomplete because the Gabrielino/Tongva Tribal �! ,`? Council has never been notified. He distributed a communication to Council. Page 3 - Council/Agency Minutes - 01/31/94 Marcus Lopez Tumach, Tongva Nation representative, read part of a communication from Cindi M. Alvitre, Gabrielino/Tongva tribe representative, dated January 31, 1994 regarding concern over possible violations of the California Environmental Quality Act, the Native American Grace Protection Act, Public Resource Code and traditional values and morals of the Gabrielino/Tongva. He distributed a copy of Ms. Alvitre's letter to Council. Tamara Phibbs and Virginia George, Sierra Club representatives spoke in support of preservation regarding destruction of nesting and roosting habitat for a variety of birds, one of the largest open spaces in Orange County, support hand -digging on the site, and oppose auger drilling. Dr. Robert Winchell, California State University, Department of Geological Sciences professor, spoke in opposition to the proposed development due to water saturated soil, close proximity of Newport -Inglewood earthquake fault, shaking effect damage during an earthquake, liquefaction potential, photographs of earthquake effects, and projected loss of lives and property by the Federal Emergency Management Agency in 1980. He presented slides of earthquake damage in different areas of the world. He distributed a communication dated January 31, 1994 in opposition to the development to Council. Patricia Hammond Ware, Pacific Coast Archaeological Society past president and representative, spoke in support of requesting a formal investigation and stated that the site was nominated to National Register of Historic Places by Historical Resources Commission on November 4, 1993. She distributed a communication to Council. Sneakers in Suuuort of the Koll Companv Plan Peter Denniston, Signal Landmark past president and Bolsa Chica Conservancy representative, Steve Anderson, and Pam Julien, Bolsa Chica Alliance representatives, inn Beach, Maurice Voce, Barry Garcia and Ron Mayhew spoke in support of the Koll Company Plan citing that the city does not have the funds to buy and restore the wetlands, opposition to the City Council fighting property owners, project complies with the Bolsa Chica Coalition Plan, support private property rights, fair and equitable plan, major wetland restoration project, important focus and environmental attraction for the city, Cecil Birnbaum, spoke in support of the Koll Company Plan regarding the current lack of visual appeal, oil operation, dying eucalyptus grove, annual fire hazard on the mesa, and steady deterioration of wetlands without sea water flushing, . He distributed pictures to Council. Susan Hori, Koll Real Estate Group representative, read into the records excerpts of two letters which were distributed to Council from Phillip Ibanez, Professional Nation American Cultural Resource Monitor Director dated January 31, 1994 and Nancy Whitney-Desauels, Ph.D., President Scientific Resource Surveys, Incorporated dated January 31, 1994. Speakers in Opposition to the Environmental Impact Report Phyllis Maywhort, Sunset Beach Community Association representative, and Donna Tucker spoke in opposition to the traffic impact being inadequately addressed in the Environmental Impact Report stating it will result in gridlock, opposition to six lanes of traffic on Pacific Coast Highway, will eliminate business district of Seal Beach, could cutoff entire area during disaster, increased freeway traffic, sensitive flood plain area, active earthquake fault area, and possible damage from liquefaction, Jack Radle, Los Patos Homeowners Association representative, addressed inaccuracies and misstatements contained in the Environmental Impact Report relating to the Los Patos area regarding form, scale and massing of structures not consistent with existing residential developments and increased density per acre. He distributed a communication dated January 31, 1994 in opposition to the development to the City Council. 003 Page 4 - Council/Agency Minutes - 01/31/94 Speakers in Support of the Bolsa Chica Coalition Plan Tom Livengood, Amigos de Bolsa Chica representative, spoke in support of the Bolsa Chica Coalition Plan. He stated that the Coalition plan should be reviewed by federal and state agencies for impact on the wetlands, and these evaluations should be a part of the Environmental Impact Report. He stated that the city should be the lead agency as it will have an impact on the city's finances and services. Council Comments Discussion by Council and staff regarding property owner rights, change in lead agency from the city to the county, property not for sale, property not located in the city, initial permit funds lost to county, annexation to the city, the Bolsa Chica Coalition Plan, citizen opposition and Councilmembers in opposition to development of the Bolsa Chica. Sneakers in Ognosition to Koll Company Restoration of Wetlands Don Chisholm, University of California Los Angeles Political Science professor and Surfrider Foundation representative, presented information regarding Signal Landmark operations in the City of Coronado and stated that burn dump ash was dumped on private property and adjacent property including seven acres of canyon and fresh water wetlands without the owners' permission. He distributed an extensive communication regarding Signal Landmark and the dumping of hazardous waste on the Otay Mesa in San Diego to Council. Jericho Poplar Bartlow, Surfrider Foundation National Director and Charles Moore, Bill Gregory, Mike Pincetich, and Gordon Labetz, Surfrider Foundation representatives, spoke regarding dumping of hazardous materials by Signal Landmark in 1987, erosion of hazardous materials into Spring Canyon in 1988, burn dump ash contains lead, and destruction of wetlands. Don Schulz, Surfrider Foundation representative, presented a video report of a dumping site at Otay Mesa in San Diego and the Coronado site where hazardous materials remain. REQUEST TO TAKE AGENDA ITEM OUT OF ORDER Councilmember Bauer requested that the item regarding the Archaeological Excavations in the Bolsa Chica be taken out of order. Following discussion by Council and staff, a motion was made by Councilmember Bauer, seconded by Leipzig, to take the issue pertaining to the archaeological excavations out of order. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Sullivan, Leipzig NOES: Winchell ABSENT: None (City Council) ARCHAEOLOGICAL EXCAVATIONS IN THE BOLSA CHICA - DECISION CONTINUED TO FEBRUARY 14, 1994 The City Clerk presented a communication from Councilmember Bauer to the City Clerk dated January 26, 1994 entitled Council Agenda Items for January 31, 1994 which included the subject of Archaeological Excavations in the Bolsa Chica. IN Page 5 - Council/Agency Minutes - 01/31/94 Councilmember Bauer spoke regarding the impact 4,484 homes will have on the city parks, libraries, beaches, streets, sewers, water system and stated that taxpayers will be paying or underwriting the cost. He stated that Koll Company has indicated that if they do not get to build on the wetlands, they will not contribute the money to restore the wetlands. He spoke regarding the archaeological findings, inconsistencies relating to the human remains found, and that the human remains are not reported in the Environmental Impact Report. Lucy Dunn, Koll Company representative, listed the organizations involved in the archaeological investigations including Native American Monitors, Native American Heritage Commission, California Coastal Commission, County of Orange, Coroner's Office. University of California Los Angeles, University of Nevada, and University of Georgia, etc. She stated that the bone fragments reported to be 8,000 years old have not been dated due to an agreement with the Native American Heritage Commission. She stated that there has not been widespread publicity about the excavation results due to concern about amateur disturbance of historical sacred sites. She stated that the Koll Company categorically and absolutely denies that any law has been broken by anyone associated with them and demanded that due process be followed before the City of Huntington Beach makes any suggestion to the contrary. She distributed a communication dated January 31, 1994 to Council in support of the proposed project. Kirk Kirkland stated that he did not believe that calling for an investigation was the appropriate action for Council to take at this time. He spoke in support of development of the area, restoration of the wetlands, and private property owner rights. Marcus Lopez Tumach, Tongva Nation representative, spoke regarding the confusion about appropriate Indian monitors. He stated that the Gabrielino/Tongva people, the most likely descendants, and the American Indian Heritage Commission has not been notified or informed. He expressed concern regarding the violation of California Environmental Quality Act, Repatriation Act, and Native American Commission. He distributed a communication to Council entitled Traditional Tongva Policy Regarding Aboriginal Resources, dated January, 1989. Flossie Horgan, Bolsa Chica Land Trust representative, spoke in support of preservation of the Bolsa Chica. She stated that in 1983 the ORA 83 site was voted by the State Historic Preservation Commission as an eligible site for the National Register and was not forwarded to the Register. She stated that he had been told human remains of Native Americans have been taken out of the site. Mayor Moulton -Patterson spoke in support of deferring action regarding the archaeological excavations for a week until the Bolsa Chica Strategic Committee can review. She asked Lucy Dunn if the work had been stopped in the area. Lucy Dunn responded at that all excavations were completed in December of 1993. Discussion was held by Council and staff regarding opposition to the Bolsa Chica Strategic Planning Committee, deadline for comments, concerns relating to the cultural and archaeological resources, environmental impact process required to address all comments received, and possible legal actions contemplated. Roger Holt, Special Counsel, spoke regarding the transcript of the hearing being prepared, questions raised, allegations reported in the press, and the responsibility of the county to respond to all issues. Councilmember Bauer spoke regarding his objective being to make sure'that the Environmental Impact Report reviews everything and to protect the rights of the citizens and Native Americans. A motion was made by Councilmember Bauer, seconded by Winchell, to continue consideration of the recommended action as follows to February 14, 1994 to carefully craft a response to the Environmental Impact Report and to discuss and develop a process to deal with answering the questions that were raised regarding the archaeological investigation. 005 Page 6 - Council/Agency Minutes - 01/31/94 Recommended Action - Deferred to February 14, 1994 a. Submit a letter to the Orange County Grand Jury to investigate the activities of all persons involved in the find to determine the truth of the matter. The Grand Jury would be encouraged to use their subpoena powers and the ability to take sworn testimony. b. Seek a temporary restraining order to stop any more degradation of the site by those currently in charge until it is determined if any laws have been broken. c. Contact the Coastal Commission to have them withdraw all permits for activities of any kind in the Bolsa Chica until the situation can be further evaluated. d. Contact the Orange County District Attorney to determine if any State laws have been broken. e. Contact the United States Department of Justice to see if any Federal laws have been broken. f. Contact a cross-section of universities and native American groups to determine who has the competence, desire, and ability to deal with this archeological find in a scientific and culturally sensitive manner. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Sullivan, Leipzig NOES: Winchell ABSENT: None RECESS -RECONVENE The Mayor called a recess of Council at 10:20 p.m. The meeting was reconvened at 10:35 p.m. (City Council) PUBLIC HEARING RESUMED RE: ADEQUACY OF COUNTY OF ORANGE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE BOLSA CHICA PROJECT LOCAL COASTAL PROGRAM - PUBLIC HEARING FOR CITY OF HUNTINGTON BEACH TO RECEIVE VERBAL COMMENTS TO FORWARD TO ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY Speakers In Support of Preservation of the Bolsa Chica Rudy Vietmeier, Sierra Club representative, Scott Runge and Paul Horgan, Bolsa Chica Land Trust representatives, Debbie Castillo, school teacher, Jimi Castillo, Spiritual Leader and Tongva Council representative, Larry Geisse and Donald Guillaume spoke in support of preservation of the Bolsa Chica regarding support for open space, oppose restructure of wetlands and seashore, oppose destruction of existing wildlife habitat, support preservation for children to play and run, support alternate locations for the project, oppose traffic impacts, oppose pet hazard to wildlife, oppose destruction of native sites, oppose density, opposition to development, liquefaction, earthquake faults, houses sinking, and current condition of the wetlands is a result of man's development. Speakers in Support of the Koll Corrivanv Plan Ernest Bartolo spoke in support of the proposed development. He stated that the city has been trying to block development for over fifteen years and that the City Council should stop trying to undermine the efforts of the landowner and the county and start working with them to develop an upscale community of which we can be proud. He presented a communication dated January 31, 1994 in support of the Bolsa Chica Plan to Council. 006 Page 7 - Council/Agency Minutes - 01/31/94 Pat DeMars, Bolsa Chica Alliance representative, Brad Hills, and Bob Traver, spoke in support of the proposed Koll Company plan regarding the improvement of the appearance of the area, current degradation of the wetlands, wetlands continued deterioration without daily tidal exchange, restoration at Koll Company expense, no cost to taxpayers, Linear Park, creation of new jobs, traffic improvement plan, and increased sales tax revenue for the city. Motion to Continue Meetina Past 11:00 P.M. The Mayor announced that it is eleven o'clock and to comply with Council policy, asked for a motion to continue the meeting. A motion was made by Sullivan, seconded by Leipzig, to continue the meeting. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Silva ABSENT: None Speakers in Opposition to the Environmental Impact Report Gerald Chapman, Gus Ayer, Green Valley Homeowners Association representative, Connie Boardman, Biologist and Bolsa Chica Land Trust Board Member, Bruce Monroe, Sierra Club representative, Cindy Cooley, Bolsa Chica Land Trust representative, Charlie Davis, Vincent Jo. Dean Albright, Huntington Beach Tomorrow representative, Jan Vandersloot, Bolsa Chica Land Trust Vice -President, spoke regarding the plan model used in the analysis for the Santa Ana River Bridge crossings, environmental impact resource documents have not been made available to the public, effect of new land use designations of the General Plan, effect of project on circulation plan, possible mitigation funding from Measure M or Gas Tax funds, traffic impacts not adequately addressed, pets as predators in the wetlands, procedure, enforcement and monitoring of mitigation factor, ability of developer to provide water to the area, errors and omissions in the Environmental Impact Report, public funds will be required for restoration and to maintain the wetlands, impact of pets on ground nesting birds, destruction of wildlife habitat, mitigation plans vague and incomplete, restoration of wetlands should be done prior to any housing or recreation construction, opposition to the development due to the potential of liquefaction and subsidence to the land for the proposed project, previous oil drilling, Newport -Inglewood earthquake fault, soils not solid, gradual subsidence, possible construction defect lawsuit, bad harbors constructed by the Corps of Engineers in the state, opposition to proposed jetties, support Native American concerns, reduction in air quality, impact on library parking lot, over built residential, diminished tax base, alternative land swap with closed military bases at Tustin Marine Corps Air Station and El Toro, and public health problem with Hanta Virus carried by the Deer Mouse. Nancy Donaven, Bolsa Chica Land Trust, spoke regarding letters relating to archaeological material omitted from the appendix and stated that the city's application for the North American Wetlands Grant has not been withdrawn as stated in the Environmental Impact Report. She presented a communication dated January 31, 1994 in opposition to the Environmental Impact Report to Council. Sneakers in Support of the Bolsa Chica Coalition Plan Chuck Nelson, Amigos de Bolsa Chica President, stated that the Amigos are reading and evaluating the Environmental Impact Report and are in the process of preparing a written analysis for submission to the County by February 18, 1994. He spoke in support of the city contracting outside expert assistance, in opposition to the lack of public hearings, and change in lead agencies from the city to the county. He stated that a copy of the Amigos review would be transmitted to the city. 007 Page 8 - Council/Agency Minutes - 01/31/94 J. David Winscott, Chamber of Commerce Board of Directors member, spoke in support of the Bolsa Chica Coalition Plan as implemented by the Koll Real Estate Group. He spoke regarding the economic generator, new jobs, economic input, and stated that the Chamber of Commerce would be transmitting written comments in support of the plan to the county. He distributed a communication from the Chamber of Commerce in support of the Bolsa Chica Coalition Plan. Donald Hart, Bolsa Chica Alliance representative, spoke in opposition to the City Council obstructing progress. Communications Received During the Meeting The City Clerk announced communications that were given to her during the meeting from Ann Jean Spiegel dated January 31, 1994 entitled Preservation of the Bolsa Chica Wetland and Mesa, 1,700 Acres Intact, Rosemarie Bachman dated January 31, 1994 in opposition to development, Nancy Donaven dated January 31, 1994 in opposition to the Environmental Impact Report, Steven Dorame dated January 31, 1993 in support of wetland preservation, Jack Radle dated January 31, 1994 in opposition to the development, Ernest Bartolo dated January 31, 1994 in support of the Bolsa Chica Plan and Vi Cowden dated January 31, 1994 in opposition to development and Acwot, Tomeyar Speaker for the Tongva Nation, dated March 30, 1989. Directed Transcript of the Meeting Be Transmitted to Orange County The Mayor directed that the public comment transcript of this meeting together with written comments regarding the adequacy of the Draft Environmental Impact Report would be transmitted to the county and recommended that all speakers and other interested parties submit their comments in writing to the county. (City Council) RESOLUTION NO.6566 - WAIVER OF WATER HOOK UP FEES FOR RECENT EARTHQUAKE VICTIMS - ADOPTED The City Attorney presented Resolution No. 6566 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGON BEACH TO WAIVE WATER DEPOSITS FOR A PERIOD OF SIX MONTHS FOR PEOPLE WHO HAVE RELOCATED TO HUNTINGTON BEACH AS A RESULT OF PROPERTY DAMAGE FROM THE NORTHRIDGE EARTHQUAKE." (Waiver of new resident water hook up fees for recent earthquake victims whose homes were severely damaged and who are moving into Huntington Beach.) Councilmember Bauer reported that in some Southern California areas the hook-up fee for utilities is being waived for earthquake victims who have to relocate and would not have a significant financial impact on the city finances. A motion was made by Bauer, seconded by Robitaille, to adopt Resolution No. 6566. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: None REQUEST FOR REPORT - EARTHQUAKE PREPAREDNESS Mayor Moulton -Patterson requested a report of what the city is doing on Earthquake Preparedness to be presented at a televised Council meeting. The City responded that he would have the Fire Chiefs staff prepare a report. WOO Page 9 - Council/Agency Minutes - 01/31/94 ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Moulton -Patterson adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, February 7, 1994, at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California. ,�!JJind�i Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: .015 City Clerk/Clerk Mayor/Chairman